Legal Question in Business Law in Ohio

Theft of Customers

We hired a salesman over a year ago. We fully trained him since he came with no sales experience. We prvided him with a major automotive customer for him to oversee. We paid for trips to this customer and provided suppliers so that our company can supply the customer with this product. We have never signed a confidentialty or non compete clause. The salesman keeps using the threat that he would leave and open up his own business stealing this account. Can he do this legally? Do we have any recourse if he does?


Asked on 2/23/05, 9:20 am

2 Answers from Attorneys
William Chris Roderick Linton Belfance LLP

Re: Theft of Customers

Ohio is a right to work state and without a noncompete agreement, you are putting your company and customer in the middle of a real mess. I would have him and all employees sign a noncompete agreement. I think you can stop him wihtout the agreement, but after great cost and difficulty.

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Answered on 2/23/05, 10:09 am
Frank Rozanc Frank J. Rozanc, Esq.

Re: Theft of Customers

You definitely need to get this guy under both a confidentiality and non-compete agreement. Once he leaves without one, you might have a cause of action under the Ohio Trade Secrets law, or for tortious interference with business relations.

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Answered on 2/23/05, 2:15 pm


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