Subsequent employment alone is sufficient consideration to support noncompetition agreement with at-will employee, entered into after employment has already begun.(Highlight Case)(Lake Land Employment Group of Akron, LLC)

Lake Land Employment Group of Akron, LLC v. Columber, 101 Ohio St. 3d 242, 804 N.E.2d 27 (2004). Lee Columber began working for Lake Land Employment Group of Akron, LLC (Lake Land) in 1988 as an at-will employee. Sometime in 1991, Columber was required to execute a noncompetition agreement, which provided that, for a period of three years after termination of his employment, Columber would not engage in any business within a 50-mile radius of Akron, Ohio, that competed with the business of Lake Land.

Columber continued to work for Lake Land for another 10 years, until 2001, when Columber was fired by Lake Land. Columber proceeded to form a corporation that engaged in a business similar to that carried on by Lake Land, and lake Land brought the instant action, seeking money damages for breach of the covenant not to compete, as well as an order enjoining Columber from continuing to engage in activities in violation of the agreement.

Prior Proceedings

Columber answered the complaint by admitting having been employed by Lake Land between 1988 and 2001 and having formed a competing corporation after his discharge by Lake Land. Columber asserted, however, that the noncompetition agreement he executed after having been employed by Lake Land for three years was unenforceable because of a lack of consideration. He also asserted that the agreement was overly restrictive and imposed an undue hardship on …