Acordia of Ohio, L.L.C. v. Fishel

{¶ 1} In this appeal, we are asked to consider whether the ability to enforce an employee’s noncompete agreement transfers by operation of law to the surviving company when the company that was the original party to the agreement merges with another company. We hold that in this case, the language of the agreement dictates that the surviving company cannot enforce the agreement after the merger as if it had stepped into the shoes of the original company.

I. Facts

A. Background

{¶ 2} As a condition of their employment with the insurance-services company that eventually became known as Acordia of…