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Contracts Keyed to Frier
Lake Land Employment Group of Akron, LLC v. Columber
Citation:
101 Ohio St.3d 242, 2004 Ohio 786, 804 N.E.2d 27Facts
Defendant began working for Plaintiff in 1988. In 1991, Plaintiff asked Defendant to sign a non-competition agreement. Defendant received no increase in salary or other benefits for signing the agreement, but he continued to work at Plaintiff. In 2001, Defendant terminated his employment and started a business that was substantially similar to Plaintiff’s business. Plaintiff sued Defendant for breaching the non-competition agreement. Defendant admitted that he signed the agreement but moved for summary judgment on the ground that the non-competition agreement was unenforceable for lack of consideration and because the terms were overly restrictive and unreasonable. The trial court granted summary judgment in Defendant’s favor, finding a lack of consideration, and without considering the reasonableness of the terms of the agreement. The court of appeals affirmed the trial court’s ruling but certified a question to the Supreme Court, asking whether continued employment was adequate consideration to support the enforceability of a non-competition agreement.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel