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