Legal Question in Business Law in Ohio
non compete clause
I began employment with a company 10/29/08 and was asked on 4/18/08 to sign this clause and 3 weeks later 5/7/08 I was terminated. I feel they had me sign this knowing full well they were going to terminate me. I need help getting out of it because I have been already asked to take employment with another trucking company. Is there anything I can do?They resticted me for 1 year and a 75 mile radius of the office AND my home.
3 Answers from Attorneys
Re: non compete clause
Sounds like it could be a case of fraud. Courts look at the "reasonableness" of such clauses, in light of all facts/circumstances. The employer should have told you what they knew when they had you sign the clause. Of course, you'll need to prove they did know and planned to terminate you. Please call me to discuss.
Vaseem S. Hadi
www.rendigs.com
Re: non compete clause
Sounds like it could be a case of fraud. Courts look at the "reasonableness" of such clauses, in light of all facts/circumstances. The employer should have told you what they knew when they had you sign the clause. Of course, you'll need to prove they did know and planned to terminate you. Please call me to discuss.
Vaseem S. Hadi
www.rendigs.com
Re: non compete clause
Dear Inquirer: Non-compete clauses may not be so restrictive as to impose a hardship on an individual, or deprive him (or her) of the opportunity to earn a living. Courts are unwilling to impose harsh clauses and particularly unless the clause you signed was for a reasonable, valuable consideration and properly drafted,it may not withstand the test of reasonableness, etc. The 75 mile limitation is , I believe, very unreasonable.
Contact, and retain a good Attorney ASAP to guiide and assist you, and help you take that new job.
Good luck!
Sincerely, J. Norman Stark
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