Non-Compete Litigation

Durst Kerridge’s litigation attorneys handle the full panoply of disputes that arise between employers and departing employees, including alleged breaches of non-compete agreements and other restrictive covenants. We are prepared to jump into action at a moment’s notice to seek or defend against injunctive relief.

Are non-compete agreements enforceable in Ohio?

Ohio Employers often require employees to sign employment contracts containing provisions that restrict certain conduct during and after employment in order to protect trade secrets and proprietary information. These “restrictive covenants,” as they are known, include non-compete, non-disclosure, non-solicitation and confidentiality agreements.

In many states, noncompete agreements in particular are unenforceable or are only enforceable under certain limited circumstances. For example, Colorado restricts non-competes to high-earning employees who are paid above a specified salary, while California law provides that any non-compete is void and unenforceable unless limited exceptions apply, such as when a business is sold. In Ohio, non-compete agreements are enforceable, so long as they are “reasonable,” under the seminal Ohio case of Raimonde v. Van Vlerah, 42 Ohio St.2d 21, 325 N.E.2d 544 (1975) (supplying reasonableness factors and permitting courts to “reform” unreasonable non-competes by modifying the scope or duration).

Durst’s attorneys have extensive experience litigating the routine and complex issues that arise in non-compete disputes.

Durst represents both employers and high-level employees, as Plaintiffs and Defendants, in litigation involving:

  • Non-compete agreements, which restrict employees from working for a competitor or starting a competing business, typically for a specific duration of time after their employment ends and within a defined geographic area.
  • Non-solicitation agreements, which prohibit departing employees from soliciting the employer’s customers or vendors to switch to a competitor and/or from recruiting the employer’s employees to work for another company.
  • Confidentiality and non-disclosure agreements, which prohibit employees from disclosing “trade secrets,” or other confidential or proprietary information.
  • Requests for temporary restraining orders (TROs) and preliminary and permanent injunctions.

Ohio Non-Compete Litigation

Durst’s approach to non-compete, non-solicitation, non-disclosure and confidentiality agreement disputes is to develop a strategy tailored to the client’s business objectives and the unique circumstances of the case—avoiding litigation where possible but litigating aggressively when necessary. We also assist employers and high-level employees in drafting and negotiating employment agreements that preventatively protect their interests.

If you are faced with a non-compete-related dispute, contact Durst at the earliest possible opportunity in order to protect your rights.

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Prepared to Act Immediately

Cases involving non-competition and other restrictive covenants in employment agreements often require immediate and urgent action—the equivalent of practicing emergency medicine. Durst’s attorneys relish these challenges. In one recent matter, we were hired at approximately 6:00 p.m. by a salesperson who had been slapped with a TRO preventing him from working for his new employer. We worked until late in the evening, rapidly reviewing the allegations, ascertaining the true facts, learning the industry, and devising a strategy. The next morning, we represented the client in court; we filed a motion to dismiss several hours later; and we settled the case to our client’s (and his new employer’s) satisfaction within days.

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Contact the Litigation Attorneys of Durst Kerridge

If you need a litigation attorney in Cincinnati, Dayton, Columbus, Cleveland, or elsewhere in Ohio, call Durst Kerridge at (513) 621-4999 to discuss your options.

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