Ohio non-competes are enforceable, but only so far as they are reasonable. A court asks whether the restriction is no greater than needed to protect the employer, whether it imposes undue hardship on the employee, and whether it harms the public. There is no federal ban. An Ohio court that finds a covenant overbroad will usually narrow it rather than strike it down.
For a brief moment, it looked like non-compete agreements were on their way out nationwide. The Federal Trade Commission passed a sweeping rule in 2024 that would have banned most non-competes across the country. Then the courts stepped in, and by September 2025, the FTC had formally abandoned its appeal, leaving the rule dead. So where does that leave Ohio workers who are bound by a non-compete today?
- The FTC's nationwide non-compete ban is dead after the agency abandoned its appeal in 2025.
- Ohio non-competes remain governed by state law and must be reasonable in scope, time, and geography.
- Ohio courts can modify an overbroad agreement rather than void it entirely.
- Have any non-compete reviewed before you sign it or before you change jobs.
What Happened to the FTC Ban?
In April 2024, the FTC voted to implement a final rule that would have prohibited employers from entering into or enforcing non-compete agreements with most workers. The rule was ambitious, it would have invalidated tens of millions of existing non-competes overnight and reshaped the employment landscape nationwide.
The rule never took effect. A federal district court in Texas blocked it before its effective date, finding that the FTC lacked the statutory authority to issue such a sweeping rule. The FTC appealed, but after the change in administration, the agency reversed course. In September 2025, the FTC formally dismissed its appeals, and the rule was officially vacated.
The result: there is no federal ban on non-compete agreements. The battlefield has shifted back entirely to the states.
Where Ohio Stands
Ohio has not enacted a ban on non-compete agreements. Under Ohio law, non-competes are enforceable, but only if they are reasonable. Courts evaluate Ohio non-competes under a multi-factor test that considers:
- Whether the restriction is no greater than required to protect the employer's legitimate business interest
- Whether it imposes undue hardship on the employee
- Whether it causes harm to the public
- The geographic scope and duration of the restriction
- The nature of the employee's role and access to confidential information
Ohio courts have historically been willing to enforce non-competes, but they also have the power to reform agreements they find overly broad rather than throwing them out entirely. This means even a non-compete that seems unreasonable on its face may be enforced in a narrowed form.
If you signed a non-compete as a condition of employment, you may still be bound by it, even if you felt you had no choice. The circumstances of signing matter, but Ohio courts generally enforce these agreements when they are reasonable in scope.
What the FTC Is Still Doing
While the nationwide ban is gone, the FTC has continued to act against individual employers under Section 5 of the FTC Act, which prohibits unfair methods of competition. In September 2025 the agency brought an action against a pet cremation company that required roughly 1,800 workers, including hourly employees with no access to trade secrets or customer relationships, to sign one-year nationwide non-competes, and finalized the order that November. A consent order over no-hire agreements followed in December 2025. In April 2026 the Commission proposed a consent order against a national pest control company over two-year restrictions covering more than eighteen thousand workers, and sent warning letters to thirteen other companies in the same industry. The agency also ran a public request for information on employer non-compete practices through the fall of 2025.
Sweeping, one-size-fits-all non-competes applied to ordinary workers remain on the FTC's radar even without a formal rule. That said, this is agency enforcement rather than a private right of action, so it does not give an individual employee a claim of their own.
What Ohio Might Do Next
Ohio Senate Bill 11 of the 136th General Assembly would broadly bar worker non-competes. It was introduced in January 2025, referred to the Senate Judiciary Committee, and received several hearings. It has not been enacted. Until it is, Ohio non-compete law remains entirely a matter of common law, and the reasonableness analysis courts have applied since Raimonde v. Van Vlerah, 42 Ohio St.2d 21 (1975), is the whole of the framework.
What This Means If You Have a Non-Compete
If you are an Ohio employee bound by a non-compete, or if you have been threatened with enforcement of one, there are several things worth knowing. You can also learn more about the employment law services we offer at Sobel Law Solutions.
- The agreement may not reach as far as your employer claims. The restriction an employer describes in a letter is often broader than the one a court would enforce, and an Ohio court that finds a covenant overbroad has the power to narrow it to what is reasonable.
- Context matters. How the agreement was presented, what you received in exchange for signing, and what your actual role was all affect enforceability.
- You have options. Depending on the facts, it may be possible to challenge the agreement, negotiate a release, or limit its scope.
- The cost of ignoring it can be significant. Employers can seek injunctions and monetary damages. Taking the agreement seriously, and getting legal advice before acting, is important.
The Bottom Line
The promise of a federal non-compete ban has come and gone, at least for now. Ohio workers remain subject to state law, which allows non-competes when they are reasonably tailored. But reasonable is a meaningful standard, and many non-competes employers use in practice go further than Ohio courts will allow.
If you have questions about a non-compete agreement, whether you are facing enforcement, considering a new job, or negotiating a departure, feel free to reach out. Initial consultations are free.
About the Author
Sean H. Sobel is the founding attorney at Sobel Law Solutions, LLC, a Cleveland-based employment law and Title IX firm. He has been named to Super Lawyers Rising Stars every year from 2014 to 2025 and selected to Super Lawyers in 2026 and 2027. Sean represents Ohio employees in employment matters and serves as advisor and independent investigator on Title IX matters at colleges and universities nationwide.
Frequently Asked Questions
Are non-competes enforceable in Ohio in 2026?
Yes. After the FTC’s nationwide ban was abandoned in 2025, Ohio non-competes remain governed by state law. They are enforceable if they are reasonable in scope, duration, and geography and protect a legitimate business interest. See our non-compete practice page.
What makes an Ohio non-compete unenforceable?
Ohio courts will not enforce restrictions broader than necessary. Overly long terms, sweeping geographic limits, or restrictions that go beyond protecting a legitimate interest can be narrowed or struck down.
Can an Ohio court rewrite an overly broad non-compete?
Yes. Ohio follows a reformation approach, meaning a court can modify an unreasonable non-compete to make it reasonable rather than voiding it entirely. Raimonde v. Van Vlerah expressly rejected the older blue-pencil rule, under which offending terms could only be struck and never rewritten.
Should I have my non-compete reviewed before signing?
Yes. Reviewing the agreement before you sign, or before you change jobs, is the best time to understand what it actually restricts and to negotiate narrower terms.
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