In the state of Ohio, do non-compete agreements apply to temporary part-time employees?
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In the state of Ohio, do non-compete agreements apply to temporary part-time employees?
I have a temporary part-time position with a specialized company in Columbus,
Ohio with uses my specialized Masters degree. At the time of hire, I was told
that the position was temporary part-time, however if I preformed well it could
become a permanent full time position. I have operated in good faith, working
very hard with the understanding that the position can evolve into a full time
position. I have recently discovered that regardless of how hard I work, the
company never had any intention of offering a full time position. I was required
at time of hire to sign a non-compete agreement that requires me to stay out of
my field for a year. I signed because I believed the position could become full
time employment. Does my signature prevent me from applying to the handful of
similar companies in the city?
Asked on July 25, 2017 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, if you signed a non-competition agreement, you are bound by its terms if you quit or resign. (If you are terminated, then unless you received something in addition to employment for the agreement, like a signing bonus or stock, they should not be able to enforce it against you.) For this purpose, the law does not draw a distinction between full- and part-time, or temporary or permanent; all that matters is you agreed to it.
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