§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in Ohio is governed by Common law. Non-competes enforceable if reasonable. Ohio courts apply a multi-factor reasonableness test.
§ 2. Compensation Threshold Requirements
Ohio does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
Ohio does not codify a maximum duration. Courts generally uphold 1-2 years; up to 3 years in some cases. In practice, 1-2 years is generally considered the outer limit of reasonableness, though outcomes vary significantly based on the employee's role and access to trade secrets.
§ 4. Judicial Modification (Reformation Doctrine)
Ohio follows the reformation doctrine, granting courts broad authority to rewrite overbroad non-compete terms. This is the most employer-favorable approach — even a poorly drafted agreement may be reshaped into an enforceable restriction.
§ 5. Consideration & Contract Formation
Continued at-will employment is sufficient consideration. At least 2 years of continued employment for existing employees, according to some courts. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 6. Effect of Involuntary Termination
Courts consider circumstances; involuntary termination is a factor but does not automatically void. Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.
Practitioner Notes
Well-developed case law on non-competes.