Cynergies Consulting, Inc. v. Wheeler, 2008 WL 2623960 (Ohio App. 8 Dist. July 3, 2008)
An Ohio Court of Appeals recently ruled that although “‘an injunction must account for period of noncompliance in order to make judicial enforcement effective’,” 2008 WL 2623960 at *4 (citation omitted), failure to file the complaint before the expiration of the non-compete clause will prevent the complaining party from seeking to take advantage of the tolling provision when looking for injunctive relief. The court emphasized that if the non-compete period had not expired as of the time that the plaintiff filed the complaint, then injunctive relief and tolling for purposes of extending the period of the injunction would be potentially available remedies.
The court also denied the plaintiff’s request for an accounting for the revenues received by the defendant (former employee) in connection with the alleged breach of the non-compete agreement. The court ruled that the “discovery process provides adequate means to obtain the same information sought through an accounting. . . .” Id. at *5.