While the field of non-compete litigation is muddled and unpredictable in Ohio, the state would go a long way in at least considering a shift in thinking. By considering the arguments and alternatives presented above, Ohio could rework its CNC standard in a way that would maximize the potential for employee mobility and economic growth. The shifts taking place in Ohio’s economic climate and the onset of growth in emerging industries such as technology, healthcare, and energy show that Ohio might be on the cusp of unparalleled economic development. The need to continue growth in these sectors and keep pace with economic development in other regions alone is sufficient justification for a contemplation of change. Creating a more “employee-friendly” standard and increasing employee mobility is one proactive step that our state can take to make sure that we are not left behind when the book is closed on the 2008 financial crisis. While other economic development is undoubtedly necessary to ensure a full recovery, increasing employee mobility and creating a more attractive environment for new businesses is certainly a start.
Note, Loosening the Rust Belt: Why Ohio Should Re-Examine Its Current Standard for Determinign the Enforceability of Covenants Not to Compete Contained in Employment Agreements, 63 Clev. St. L. Rev. 707 (2015)