Legal Question in Employment Law in Ohio

Non-Compete Agreement

My employer of 3 years is asking me to sign a Non Compete Agreement(NCA) dated Jan. 1, 2004, stating that I cannot compete in business for 3 years after termination of employment. I sold my printing business to this employer on Jan. 7, 2004 and in the purchase agreement, is a NCA clause already, that states I cannot compete in business for 3 years after the date of closing (Jan. 7, 2004) which is signed by both parties. Can my employer make me sign another NCA when I have already signed and agreed upon the original NCA? And what, if any, are the problems that may arise if I do not sign it? Thank you for your time.


Asked on 12/29/06, 2:33 pm

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Non-Compete Agreement

If the original agreement arising out of the sale of the business (or any other agreement for that matter) contains any provision regarding your employment, then those provisions must be consulted before signing anything. If, on the other hand, you do not have an employment contract with the employer, then you are an at-will employee and therefore, the employer can require you to sign a non-compete agreement as a condition of continued employment.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 1/04/07, 5:19 pm


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