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Non-Competition Agreement with Independent Contractor Found to Be Valid

In the case of Key Realty Ltd., v Michael Hall, et al., 2021-Ohio-1868, the 6th District Court of Appeals found that a non-competition agreement between an employer and an independent contractor will not fail for lack of consideration when the independent contract continued to work for the employer after executing the agreement.

Here, the realty company argued that the non-competition agreement is valid because the independent contractor continued to work for the company, upon execution, under those terms of employment. Based on this valid agreement, the realty company argued that their other claims were improperly dismissed. The Court agreed.

The Court found the agreement is valid and the claims brought under the agreement must be evaluated accordingly.

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.

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