Tag Archives: Ohio

Ohio Decision Highlights Importance of Business Protection Agreements with Independent Contractors

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair competition. As a recent decision from the Court of Appeals of Ohio highlights, employers must be especially diligent protecting against unfair … Continue Reading

Selective Enforcement Not A Viable Defense to Non-Competition Agreements Under Ohio Law

Employers sometimes worry whether seeking to enforce their non-competes in some circumstances but not others might preclude enforcement altogether in the future.  Not so, says one court.  Applying Ohio law, the United States District Court for the Western District of Tennessee, in GCA Services v. ParCou, held in a discovery ruling that information regarding an … Continue Reading

Ohio Appellate Court Sporks Plaintiff in Plastic Cutlery Non-Compete Dispute

An Ohio appeals court recently held that an employee did not breach his non-competition agreement by creating his own business in the same industry as his former employer, despite the fact that the former employee contacted clients of his former employer and began compiling an inventory during his restricted period.  Berk Enterprises, Inc. v. Polivka, 11th Dist. … Continue Reading

In Acordia II, Ohio Supreme Court Corrects Itself on Enforceability of Non-Competes Transferred in Merger

Reconsidering and reversing its own decision, the Ohio Supreme Court now has decided an acquiring company in a merger could enforce employee non-compete agreements as if it had stepped into the shoes of the acquired company despite the absence of clear contract language to that effect.  The Court, on May 24, 2012, in Acordia of … Continue Reading