In the case of Key Realty, Ltd. V. Hall, 2021-Ohio-26, the Ohio Sixth District Court of Appeals held that an independent contractor did not violate a Non-Competition, Non-Solicitation, and Confidentiality Agreement because of their status as an independent contractor.
Key Realty argued that Hall violated numerous covenants of the Agreement when Hall created a subsequent business. Key Realty claimed Hall was an employee and therefore bound by their agreements.
Hall argued that he was hired as an independent contractor and was therefore not subject to the any of the agreements made.
The Court of Appeals found that Hall retained his independent contract status even after entering into agreements with Key Realty, because the agreements lacked the consideration to bind Hall as an employee. Therefore, Hall could not have breached the contract.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.