Lake Land Employment Group of Akron, LLC v. Columber
Supreme Court of Ohio
804 N.E.2d 27 (2004)
Lee Columber (defendant) began working for Lake Land Employment Group (plaintiff) in 1988, and in 1991 Lake Land asked him to sign a non-competition agreement, which he did without receiving any raise or additional benefit in exchange. Columber continued working at Lake Land for another decade before leaving in 2001 to start a substantially similar competing business, prompting Lake Land to sue for breach of the non-compete. Columber moved for summary judgment, arguing the agreement was unenforceable both for lack of consideration and because its terms were overly restrictive; the trial court granted summary judgment on the lack-of-consideration ground alone, without reaching reasonableness, and the court of appeals affirmed while certifying the consideration question to the state supreme court.
Whether continued employment, without any additional raise or benefit, constitutes adequate consideration to enforce a non-competition agreement signed after employment has already begun.