The Ohio State Senate has introduced Senate Bill 11, which would ban non-compete provisions or agreements an employer may require of a “worker” either at hire, during employment, or post-employment. If passed, this would remove existing laws that allow an employer to protect their investments by restricting a current or previous employer from working for another employer for a specified time, within a geographic area, or in a capacity similar to what the worker did for that employer. It also removes provisions that protect employers from employees who may receive tuition or skilled training reimbursement, only to leave once the training is completed.

The term “worker” may include any individual that provides “services” to an employer including an employee, independent contractor, extern, intern, volunteer, apprentice, sole proprietor who provides service to a client or customer, and an individual who provides service through a business or non-profit entity or association. 

If enacted, Ohio would be only the fifth state (CA, ND, MN, OK) with an outright ban on non-compete agreements. Thirty-three other states (including DC) have various limitations, such as salary thresholds or specific industries like healthcare. 

This legislation interferes with the employer-employee relationship and removes protections for investments in staff that employers have made. This is especially important to small business owners—if an employee leaves without a non-compete clause in place, they may take important knowledge and skills with them in the same area, draining precious institutional knowledge from a small business. It would also allow a former employee who received reimbursement for skilled training to leave the job and go to another without having to reimburse the previous business for that investment. 

Please contact your Ohio State Representatives and Senators and urge them to vote NO on SB 11 when it is considered for passage! 

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Lawmakers will take a second look at messages that are in your words! Make a bigger impact by personalizing your message. How long have you been in business? How many people do you employ?  What would the impact on your business be if non-compete clauses were banned in Ohio?