Ohio Non-Compete Agreement
Ohio enforces reasonable employee non-competes under common law using the Raimonde three-part test. No statute, no wage threshold. Attorney review available.
Introduction
Ohio is one of the states with no non-compete statute at all. No code section lists when an employee covenant is valid, no statutory maximum term exists, and no salary cutoff applies; the whole subject is governed by Ohio Supreme Court case law. The decision that controls is Raimonde v. Van Vlerah, 42 Ohio St.2d 21, 325 N.E.2d 544 (1975). Raimonde holds that a covenant not to compete is reasonable, and therefore enforceable, only to the extent it is no greater than required to protect the employer's legitimate interests, does not impose undue hardship on the employee, and is not injurious to the public. That three-part reasonableness test, not a checklist in a statute, is what an Ohio judge applies. In weighing it, courts here look at whether the covenant carries sensible time and space limits, whether the departing worker was the sole point of contact with customers, and whether that worker held confidential information or trade secrets. Ohio also breaks from many states on consideration. In Lake Land Emp. Group of Akron, LLC v. Columber (2004), the Ohio Supreme Court ruled that an employer's forbearance from firing an at-will worker, meaning continued at-will employment itself, is enough to support a non-compete an existing employee signs, so a fresh raise or promotion is not strictly required. Raimonde further equips Ohio courts to reform, or narrow, an overbroad covenant instead of voiding it, though a later appeals court in Kross Acquisition made clear that reformation is discretionary and a judge may refuse to rewrite a badly drafted clause. Underneath all of this, a non-compete is simply a contract in which a worker agrees not to compete with a business for a set time and area after leaving. This page maps Ohio's common-law rules and offers a template scoped to them; it is a state-law overview, not a promise that any given clause will hold up.
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Key Things to Know
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The starting point in Ohio is that there is no non-compete statute to point to. Enforceability of an employee covenant is decided under Ohio Supreme Court case law, chiefly Raimonde v. Van Vlerah (1975), which asks whether the restraint is no greater than required to protect the employer's legitimate interests, spares the employee undue hardship, and leaves the public uninjured.
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A non-compete is still a binding contract here: a worker agrees not to compete with the business for a set time and area after leaving. When that covenant is reasonable and properly supported, an Ohio court will enforce it.
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Ohio sets no salary or income cutoff. Because the test is Raimonde reasonableness rather than a wage line drawn by statute, what the employee earns does not decide the question, and another state's dollar threshold should never be borrowed for an Ohio worker.
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Duration and territory are judged case by case. Ohio courts have generally sustained restraints running about six months to two years and expect a geographic reach tied to where the employer actually operates; the further a covenant stretches past that, the harder a judge scrutinizes it, and the more likely it is narrowed or refused.
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Consideration is unusually employer-friendly in Ohio. Lake Land Emp. Group of Akron, LLC v. Columber (Ohio 2004) treats continued at-will employment, the employer's forbearance from discharging the worker, as sufficient consideration for a non-compete an existing employee signs; a new raise or promotion is not strictly required, though extra consideration makes the covenant sturdier.
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An overbroad covenant is not automatically dead. Raimonde discarded the rigid blue-pencil rule and lets Ohio courts modify a covenant into a reasonable one, yet that reformation is discretionary: Kross Acquisition Co., L.L.C. v. Groundworks Ohio, L.L.C. (2024) confirms a judge may decline to rewrite a fundamentally overbroad clause.
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Because reasonableness limits every Ohio non-compete, many employers pair it with a confidentiality or non-disclosure agreement backed by the Ohio Uniform Trade Secrets Act (R.C. 1333.61 et seq.), which guards trade secrets and customer data without the same time and territory constraints.
Key decisions before you file
Before you file a Non-Compete Agreement in Ohio, a few decisions shape the document: which option to choose and what each one means. The Non-Compete Agreement guide walks through them.
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Ohio Requirements for Non-Compete Agreement
Employee Non-Competes Are Enforceable
In Ohio a reasonable employee non-compete is enforceable, but the rule is common law, not a statute. Ohio has no non-compete statute; enforceability comes from Ohio Supreme Court decisions. Under Raimonde v. Van Vlerah (Ohio 1975), a covenant is valid only to the extent it is no greater than required to protect the employer's legitimate interests, does not impose undue hardship on the employee, and is not injurious to the public.
Governed by Common Law, Not a Statute
Ohio has not enacted a general non-compete statute, so there is no statutory checklist or maximum term. Courts in Ohio decide enforceability case by case under the common-law reasonableness standard from Raimonde v. Van Vlerah. Because the standard is judge-made, careful, narrowly tailored drafting matters more here than pointing to a statutory safe harbor.
The Raimonde Three-Part Test
Under Raimonde v. Van Vlerah, an Ohio non-compete is reasonable only if it is no greater than required to protect the employer's legitimate interests, does not impose undue hardship on the employee, and is not injurious to the public. Courts in Ohio have generally upheld restraints of about six months to two years and expect a territory tied to where the employer does business and the employee actually worked. A restraint with no reasonable limit is vulnerable to being narrowed or refused.
Continued Employment Is Sufficient Consideration
In Lake Land Emp. Group of Akron, LLC v. Columber, 101 Ohio St.3d 242, 2004-Ohio-786, the Ohio Supreme Court held that forbearance by an at-will employer from discharging an at-will employee is sufficient consideration for a non-compete signed by an existing employee. Ohio is therefore more employer-friendly than states that require a fresh raise or promotion, though adding extra consideration strengthens the covenant and reduces the risk of a later challenge.
No Wage or Income Threshold
Ohio has no salary or income threshold that makes a non-compete valid or void. Enforceability turns on the common-law Raimonde reasonableness test, not on how much the employee earns. Proposals to restrict non-competes, including for healthcare workers, have been introduced but have not become law as of 2026. Do not substitute another state's dollar threshold when the worker is in Ohio.
Courts May Reform an Overbroad Covenant
Raimonde rejected the rigid blue-pencil rule and lets Ohio courts modify or amend an overbroad covenant to make it reasonable rather than voiding it. But reformation is discretionary: in Kross Acquisition Co., L.L.C. v. Groundworks Ohio, L.L.C. (2024-Ohio-592), an appeals court held a trial court was not required to reform a covenant where doing so would mean completely rewriting it. Draft the time, territory, and scope reasonably from the start.
Legitimate Business Interest Required
An Ohio non-compete must protect a legitimate business interest, such as trade secrets, valuable confidential information, substantial customer relationships, goodwill, or specialized training, and must be no broader than necessary to protect that interest. Courts in Ohio distinguish restraints that prevent unfair competition, which are enforceable, from those that merely stifle ordinary competition or the employee's own skill and experience, which are not.
Protect Trade Secrets With an NDA Too
Because a non-compete must be reasonable under Raimonde, many Ohio employers also use a confidentiality or non-disclosure agreement under the Ohio Uniform Trade Secrets Act (R.C. 1333.61 et seq.). A confidentiality agreement protects trade secrets and customer data without the same time and territory reasonableness limits that govern a non-compete, so the two tools are often used together.