QUESTION

Company is keeping me from working how is this legale?

Asked on Nov 27th, 2012 on Contracts - Ohio
More details to this question:
My company won't release me from my noncompete agrement, However its causing me to have to take unemployment because I do not know who their competitors are. and per the agrment it states I can't work for the Company they lost the contract with? how is this legale? and how binding really is an agrement like this in OHIO? I reside in Georgia.
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3 ANSWERS

Business Transactions Attorney serving Los Angeles, CA at Doland & Fraade
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You almost certainly need a local attorney to review the agreement and give you advice you can rely on. From your facts you do not appear to have been an owner or involved in management. I am not licensed in Georgia, but in California such a contract would be unenforceable.
Answered on Dec 05th, 2012 at 11:52 AM

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Non-compete agreements are enforceable, however, they are disfavored by courts for the exact reason that you site, if you can't work, you go on some sort of public assistance.  The language of your agreement, the nature of your work and what the company is trying to protect are going to be the legal and practical keys to your answer. In Ohio, non-compete agreements are generally limited in geographical area and duration.  The primary purpose of the agreement is to protect the company from the employee's possibly "stealing" clients or customers by taking them to the company's competitor or the employee learning the company "secrets" like pricing strategy and client lists, then starting their own business to compete. You didn't mention what kind of work you did for the company.  Courts don't like to enforce non-competes against some types of workers.  You also don't say why you are living in Georgia, but work for an Ohio company.  If you worked here, then quit and moved there, you may have a different answer than if you were, as an example, a salesperson hired to work in Georgia for an Ohio based company.  If you were hired to work in Georgia, the agreement MIGHT be subject to Georgia law. Sometimes companies have non-compete agreements, but never enforce them.  Others are genuinely concerned.  The times that we have most frequently seen this in our practice is after the employee has already violated the agreement by taking new employment and the former employer files suit against former employee, and perhaps his or her new employer, to enforce the agreement.  Alternatively, you could file suit against your former employer to obtain an injunction to keep them from enforcing the agreement.  Keep in mind, lawsuits are expensive. You should contact an attorney who is experienced in this type of work to help you understand and resolve your issues.  It may be as simple as your attorney calling your former employer to work out an arrangement to let you out of the agreement for a particular potential employer.
Answered on Nov 30th, 2012 at 12:29 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is impossible to answer your question from the limited facts you have presented. You need to have the written agreement reviewed by an attorney. He will need to understand the nature of your services and the businesses of the two companies. It may be possible to have the covenant set aside judicially. An attorney can advise you. You cannot obtain such advice from a computer.
Answered on Nov 27th, 2012 at 10:37 AM

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