Is a non-compete clause still in effect if the employer's contract with a corporation as a sub-contractor is allowed to expire?

Asked over 1 year ago - Fairfield, OH

What if the said employer can no longer fulfill his contract to employ his employees?

Attorney answers (2)

  1. Elizabeth Sarah Loring

    Contributor Level 6

    3

    Lawyers agree

    Answered . Every non-compete agreement is different, so you really won’t know unless you seek the advice of an attorney who reviews the entire agreement and consults with you in depth regarding your circumstances. Even if you are terminated, that does not automatically mean that the non-compete is invalid in Ohio. Regardless, it is especially important to have a lawyer review your non-compete prior to taking any further action, such as applying for jobs that may violate the non-compete. A good employment lawyer will tell you what you can and cannot do under the agreement, and might be able negotiate your way out of the non-compete or minimize the restrictions.


    Elizabeth S. Loring, Esq.
    Freking & Betz, LLC
    525 Vine St., 6th Floor
    Cincinnati, OH 45202
    tel: 513.721.1975
    fax: 513.651.2570

    70 Birch Alley, Suite 240
    Dayton, Ohio 45440
    937-306-6486

    This answer is provided for informational purposes only and does not constitute legal advice. You should not act... more
  2. Ryan Alexander

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It does not seem that would void your non-compete with your actual former employer, unless your non-complete clause *says* that if they lose their contract then your N/C is voided.

    Clark County, Nevada practitioner.

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