The FTC’s 2024 nationwide noncompete ban was struck down, so Ohio law governs again. That means an Ohio noncompete can still be enforced — but only if it is reasonable.
In Ohio, a noncompete is judged under the test from Raimonde v. Van Vlerah (Ohio Supreme Court, 1975): it must go no further than needed to protect the employer, must not impose an unfair hardship on the employee, and must not harm the public.
What makes an Ohio noncompete enforceable?
First, the employer must have a real interest to protect — for example, customer relationships, confidential information, or trade secrets. Simply wanting to keep a former employee out of the field is not enough. Second, the limits must fit that interest: a reasonable length of time, a reasonable area, and a job scope tied to the work the employee actually did. A statewide, multi-year ban on any job in the industry is far harder to defend than a limited ban on nearby customers in the same kind of role. Third, the restriction must not leave the employee unable to earn a living — for example, by blocking the only work the employee is trained to do.
Before you sign one, check four things: how long it lasts, where it applies, what jobs it bars, and what the employer claims to protect. Ask what happens if you leave, and get any promise about a narrower limit in writing. Do not rely on a verbal assurance that “we never enforce these.”
If you already signed one and want to leave, do not assume it is unenforceable, and do not breach it first and hope for the best. Get the agreement reviewed before you accept a new job, talk to customers, or use information from your old job. A review can show which limits are likely to hold, what a new role must avoid, and whether a written release is worth negotiating.
Practical takeaway: the narrower the restriction — and the clearer the business interest behind it — the more likely an Ohio court is to enforce it.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is general information, not legal advice about a specific agreement.
Source: Raimonde v. Van Vlerah, 42 Ohio St.2d 21 (1975).