If I get fired is my non-compete still enforceable?

By Elizabeth S. Tuck, Lawyer Referral Service Panelist

Maybe. In Ohio, the fact that your employer terminated you does not invalidate a non-compete. However, every non-compete agreement and employment situation is different, and enforceability depends on a lot of factors. This is why it’s very important to talk to somebody who understands the legality of non-compete agreements and can offer sound advice about what your rights and responsibilities are going forward. Ideally, you should consult an attorney before signing the non-compete. Often the terms are negotiable, but even if they are not, you will at least know what you are getting yourself into. Whether you are terminated or you quit, it is especially important to have a lawyer review your non-compete prior to applying for employment that could violate the agreement. You should not rely on the fact that other employees left to compete without consequence or your employer telling you, “Don’t worry about it.” when you signed the non-compete A good employment lawyer will tell you whether the non-compete is enforceable, what you can and cannot do under the agreement, whether there may be room to negotiate out of the non-compete or minimize the restrictions.

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