Reasonableness test
Ohio Non-Compete Law (2026): Broadly enforceable
Ohio remains one of the more employer-friendly states, with no statute on the books and a fifty-year-old judicial test that asks whether the restraint exceeds what the employer legitimately needs, whether it is unduly harsh on the worker, and whether the public suffers. What has shifted is the safety net. Appellate courts, led by the First District in Kross Acquisition, now treat rewriting an overbroad covenant as a matter of discretion rather than obligation, so an aggressive draft can be voided rather than trimmed.
The rule
How Ohio treats non-compete agreements
The consideration rule is unusually permissive: unlike North Carolina, Ohio treats continued at-will employment as sufficient, so a covenant presented years into a job is still supported. Watch the appellate divergence on reformation, since the answer to whether a bad covenant gets rewritten or killed currently depends on which district hears the case.
If you are an employer
The old assumption that an Ohio court will fix an overbroad covenant no longer holds, so size the duration, geography and activity restrictions to what you can actually justify at a hearing.
If you are a worker
Ohio enforces reasonable noncompetes and courts here accept continued employment as payment for one, but a plainly overbroad clause has a real chance of being struck rather than narrowed.
| Classification | Common-law reasonableness under Raimonde; reformation now discretionary |
|---|---|
| Pay threshold | None. |
| Maximum term | No statutory limit. One to two years is the ordinary enforced range, with longer terms sustained only where the employer's interest plainly outlasts them. |
| Notice or consideration | No statutory notice or waiting period. Continued at-will employment is accepted as consideration in Ohio, including for covenants signed after hire. |
| Primary statute | No statute; Ohio noncompete law is entirely judge-made |
Detail
What has changed, and what is still moving
Legislation 2024–2026
Nothing enacted in 2024, 2025 or 2026. Ohio has no noncompete statute of any kind.
Bills to watch
Two bills are pending in the 136th General Assembly, neither with momentum. SB 11 would prohibit employers from entering into or enforcing agreements that penalize a worker for taking other work or starting a business, sweeping in non-solicits, training-cost repayment clauses and termination fees, and would apply to agreements made or modified after the effective date; it was referred to Senate Judiciary on January 29, 2025 and has had no hearing since March 2025. SB 301 would limit noncompetes for physicians, PAs and APRNs at nonprofit hospitals to six months and 15 miles from the specific site where they worked.
Leading cases
Raimonde v. Van Vlerah, 42 Ohio St.2d 21, 325 N.E.2d 544 (1975), sets the test: the restraint may be no greater than needed to protect a legitimate interest, must not impose undue hardship, and must not injure the public. Kross Acquisition Co. v. Groundworks Ohio, LLC, 2024-Ohio-592 (1st Dist.), reframed Raimonde as permitting rather than requiring modification, leaving trial courts free to void an overbroad covenant outright. Maccarone v. Mark Mandell-Brown, M.D., Inc., 2025-Ohio-5071, continues that line.
If you have one in hand
What can make a non-compete unenforceable in Ohio
- The scope is wider than the interest behind it. A restriction that reaches beyond the customers, trade secrets or goodwill the employer can actually point to is the most common reason a covenant fails in Ohio.
Whether any of these applies turns on the wording of your own agreement, your role and the case law your court follows. This page maps the statutory landscape; it does not replace advice on a specific contract.
FAQ
Ohio non-compete questions
Are non-compete agreements enforceable in Ohio?
Ohio remains one of the more employer-friendly states, with no statute on the books and a fifty-year-old judicial test that asks whether the restraint exceeds what the employer legitimately needs, whether it is unduly harsh on the worker, and whether the public suffers. What has shifted is the safety net. Appellate courts, led by the First District in Kross Acquisition, now treat rewriting an overbroad covenant as a matter of discretion rather than obligation, so an aggressive draft can be voided rather than trimmed.
How long can a non-compete last in Ohio?
No statutory limit. One to two years is the ordinary enforced range, with longer terms sustained only where the employer's interest plainly outlasts them.
Is there a minimum salary for non-competes in Ohio?
No. Ohio sets no income floor, so pay alone does not decide whether a covenant binds you. The test is whether the restriction goes further than the employer's legitimate interest requires in time, geography and scope of work.
What notice or consideration does Ohio require?
No statutory notice or waiting period. Continued at-will employment is accepted as consideration in Ohio, including for covenants signed after hire.
Sources
How this entry was checked
- Primary source. None to link — Ohio has no non-compete statute and the rule is judge-made, so the cases named below carry the authority.
- Secondary sources consulted. Raimonde v. Van Vlerah, Kross Acquisition Co. v. Groundworks Ohio, Ohio Legislature (SB 11, SB 301), Ogletree, Epstein Becker Green, Ohio Capital Journal.
Check it against a third party
None of these is ours. If a figure here matters to a decision, verify it:
- Federal Trade Commission — non-compete hub
- Economic Innovation Group — State Noncompete Law Tracker
- Fair Competition Law (Beck Reed Riden) — 50-state legislation tracker
- GAO-23-103785 — Noncompete Agreements (May 2023)
This page is general legal information published by Jurizmo and is not legal advice, does not create an attorney-client relationship, and may not reflect amendments enacted after the review date above. Consult a licensed attorney in the relevant state before acting on any agreement.