Cleveland Employment Lawyers Assisting With Non-Compete, Non-Solicit, and Trade Secret Issues

Agreements that contain non-compete and non-solicitation clauses, and that  protect trade secrets and confidential information are critical to many companies’ success. Working with an employment law attorney can help both employers and employees understand these issues.

Cavitch works with employers to draft post-employment agreements, and with both employees and employers in resolving and/or litigating disputes that may arise from them. These agreements should be carefully drafted to reflect the real needs of the business, as well as the applicable law in multiple states.

A Practical View of Post-Employment Restrictive Covenants: Confidentiality, Non-Solicitation, and Non-Compete Agreements

Post-employment agreements may involve three levels of protection. First, all companies should protect confidential information and trade secrets with confidentiality agreements. Courts generally enforce these agreements as providing fair and important protections to employers.

Second, many companies use non-solicitation agreements to protect unfair disruption and loss of business when former employees solicit key workers and customers. Third, noncompetition agreements restrict former employees from directly competing with their former employer’s business for a limited period after they leave.

As in many states, Ohio courts enforce non-compete and non-solicit agreements if they protect the employer’s legitimate interests, are reasonably limited in time, geographic scope, and do not otherwise unfairly harm employees or third parties. Courts will not enforce non-compete or non-solicit agreements that merely restrain ordinary competition.

Importantly, enforcement of these agreements varies widely by state, and many employers have multi-state locations and/or remote employees working in different states. Careful drafting strategies can provide needed business protections while creating fair and enforceable agreements.

A Further Note on Protecting Confidential Information and Trade Secrets

A trade secret is any confidential business information that gives a company a competitive edge. It may include:

• Formulas
• Processes
• Customer lists
• Marketing strategies

In addition to utilizing contracts to protect confidential information and trade secrets, state and federal statutes also provide protection for this business information.

Under the Ohio Uniform Trade Secrets Act (OUTSA), businesses are granted legal protections to prevent the unauthorized use or disclosure of trade secrets.

Federal laws, such as the Defend Trade Secrets Act (DTSA), also offer protection, allowing businesses to seek remedies for trade secret misappropriation.

Meet With An Experienced Attorney

Contact Cavitch Familo & Durkin at 216-621-7860 or through our contact form.