Employee Benefits Law Report

Tag Archives: non-compete

“Substantial risk of forfeiture” clarification impacts tax-exempt and governmental employer non-compete arrangements

One of the more interesting (or frustrating, depending on your point of view) things about language is how sometimes, the same word can have multiple meanings. As Michael Jackson once showed us, “Bad” can sometimes mean bad, and sometimes it can mean good. In the executive compensation world, “substantial risk of forfeiture” is a term … Continue Reading

Ohio Supreme Court Partially Reverses its Acordia Non-Compete Decision

This past May, we reported that the Ohio Supreme Court ruled in Acordia of Ohio, L.L.C. v. Fishel that following a merger, the surviving company may not be able to enforce employees’ non-compete agreements, where the agreements failed to contain an assignment clause, and the time period of the employees’ non-competes began to run as of the date of the merger. The Court reconsidered its decision, and issued a new decision today. … Continue Reading

Ohio Supreme Court Rules On The Enforcement of Non-Compete Agreements By The Surviving Company In A Merger

As discussed in our sister blog – Employer Law Report – the Ohio Supreme Court has ruled in a 4-3 decision that following a merger, the surviving company may not be able to enforce employees' non-compete agreements where the agreements fail to obtain an assignment clause, and the time period of the employees' non-competes began to run as of the date of the merger.… Continue Reading
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