What can an employer do about the violation of a non-compete agreement?

I have a company that does work in the mills. So in my company handbook I have a non-compete clause which every employee reads and signs. I have a employee who started his own company and quit on me on a Monday and started on Tuesday at the same mill which I had a contract with. This former employee took the work from my company. Do Ihave any legal rights? Should I speak with a litigation attorney? I’m in Trumbull County, OH.

Asked on October 19, 2011 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The way to enforce a non-competition agreement is to sue the violating former-employer. You can sue both for an injunction (a court order) barring him from the work which violates the non-competiton clause as well as for monetary damages, reflective of lost revenue due to the violating actions.

You should consult with an attorney, who will first review the non-competition clause and the situation to see how strong your case is, what your rights and recourse are, etc. You could go to a litigator (someone who does alot of trial work), especially one who handles business disputes, or an employment attorney (since non-competition agreements are the provenance of employment law). Good luck.

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