Legal Question in Employment Law in Ohio
I have a non-solicitation agreement with my former employer good for 12 months after I leave the company.
However the non-solicitation agreement is part of an employment offer at a specified base salary/commission. About a year and a half ago they cut our salaries by 4% as part of a cost reduction. Does that nullify the agreement since they altered our salary? I've recently signed my annual commission agreements but they don't have any of the non-solicitation wording. I just left the company and looking at competitors. Is this non-solicitation agreement still valid?
1 Answer from Attorneys
I think you are confusing "non-solicitation" with "non-compete". A non-compete provision restricts your ability to accept work with a competitor. A non-solicitation provision restricts your ability to recruit employees from the former employer to the new employer.
The only way to determine whether or not the agreement(s) are valid is to hire a plaintiff's employment counsel to read and consequently research the actual language. Absent this, you are putting yourself at risk to be sued down the road. Believe me when I tell you that it will by MUCH cheaper to hire an attorney now to give you an opinion, rather than to defend yourself in court.
Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087
phone: 216-923-0333
fax: 330-405-0907
email: [email protected]
This is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.
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