Legal Question in Employment Law in Ohio

My wife works for Labor Ready. She has tried to leave, in their "rules" they have a, I believe it's called a non-compete clause where she cannot go to work for another temporary labor providng service. They strech it so she cannot go to anyone who uses Labor Ready. Example: she was offered a job by a company that uses labor ready for temps. She was told by Labor Ready she cannot go to ANY company that uses Labor Ready. They could stretch this to any one ho has ever used Labor Ready. She had to turn down the job offer. Is that legal?

One of her co-workers, Tom, a salesman, was released form Labor Ready when they got rid of all theier salesmen. He went to another company in sales, may have been a temp provider, I don't know. They sued him, he lost. He not only had legal fees,but also had to give up his new job. Even after they laid him off!!! I see it as after being laid off, all such agreements are void. But Labor Ready has VERY good lawyers. I belive he was also denied unemployment benefits. They also know very well unemployed or under employed cannot affort good lawyers.

It seems that if you plan to leave Labor Ready look forward to be unemployed for at least six months, the term supposedly of this "non-compete". They probably would stretch it longer. I believe they did tha to Tom.

Labor ready also recently took away paid vacation time by saying you have to work 40 hour weeks to earn it. But work weeks have been reduced to 32 hours, result no vacation time earned. Few ther have cought on to this. Their Employee Handbook has had many new changes unannounced.


Asked on 9/05/09, 8:00 am

1 Answer from Attorneys
Patrick Vitone Pat Vitone, Attorney at Law

I am sorry to say that non-compete agreements are construed very favorably for employers in Ohio. For that reason, the things that you report seem to be possible and probably legal.

From what you wrote, it seems like your wife is "stuck" for six months. I would advise her to look for work with an employer that does not fall within her non-compete clause for the next six months (if that is the term of her non-compete).

This does not help right now, but if you can, think about voting for "pro-worker" candidates. Ohio's legislature has been run by pro-business legislators for way too long. The easiest way for us to change Ohio's anti-worker laws is to vote for people that support working people!

Sorry not to have any better suggestions :-(

>>>>> This answer is provide only as information. Please do not consider this answer to be legal advice or to create an attorney/client relationship. <<<<<

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Answered on 9/06/09, 12:37 pm


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