Ohio non compete

UPDATED: Oct 2, 2022

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Ohio non compete

I am a licensed massage therapist and have been working for my work the past 3 years. I signed a non-compete when I first started. At the time my boss told me that he does not enforce them and will not enforce it unless I take their clients with me. Some of the stipulations on the non-compete is that for a year after termination you cannot offer massage within 6 miles of any of their locations they are everywhere. I have decided to leave, and the place I really want to work is 1.5 miles away. However, from my research in Ohio non-competes are very much enforceable as long as they are reasonable. One of the things that makes them

not reasonable is if it causes hardships. I also have epilepsy. I medically cannot drive and because of this, would this be considered a hardship? I believe it is because my only means of transportation is walking or the bus. I really can’t walk 6 miles and bus systems, well they don’t stop most paces here very often. I want to believe what is origionally said but he asked a co-worker of mine the other day where I was going and that I know I have a non-compete so I am a little anxious about it.

Asked on August 10, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, your epilepsy is most likely not grounds to not enforce the noncompetition agreement; the sort of hardship which invalidates them is typically a more general or global hardship which would affect any person signing that agreement, not one specific to you: i.e. something in the terms of the agreement which might affect any person. The reason is, almost everyone could cite some reason specific to their unique situation making the noncompetition a "hardship": child care needs; caring for an elderly parent or disabled spouse; heavy medical or credit card debt; going to school while working; etc. If the courts looked at whether there is something in your situation making the noncompetition a hardship, they would be invalidating most noncompetition agreements. In addition, you have options--e.g. Uber, Lyft, and the like--to get around, or simply dealing with an planning around an inconvenient bus schedule--so this is less a hardship than a matter of convenience; many people, after all, live or work where it can be difficult to get to work. It is unlikely you can get the noncompete invalidated.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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