McNeily Law, LLC

07/04/2025

Our StoryFarm On Central is more than a farm—it’s a lifeline for over 3,000 families in Warren County who rely on our fresh, chemical-free food. Open since 2...

03/13/2024

Employers and employees that have executed non-compete agreements as a condition of employment often don’t understand nuances of enforcing such agreements. Here's a quick review on the enforceability of non-compete agreements in Ohio:

Overview:
Non-compete agreements are contracts that restrict employees from engaging in competitive activities against their employers after leaving the company. In Ohio, these agreements are generally enforceable if they are considered reasonable.

Reasonableness Criteria:
For a non-compete agreement to be enforceable in Ohio, it must meet the following criteria:

1. Protect a Legitimate Business Interest: The agreement should protect trade secrets, confidential information, or customer relationships to prevent an unfair competitive advantage.

2. Not Impose Undue Hardship: It should not prevent an employee from working in their field or cause unnecessary hardship.

3. Not Injurious to the Public: The agreement should not harm the public interest.

Court's Discretion:
Ohio courts have the discretion to modify or strike down parts of a non-compete agreement if they find them to be unreasonable. This includes adjusting the geographic scope, duration, and the type of activities restricted.

Recent Trends:
There has been a national push towards limiting the scope of non-compete agreements to protect employee mobility. While some states have enacted laws to restrict or ban non-competes, Ohio still recognizes their validity but emphasizes reasonableness.

Conclusion:
Non-compete agreements in Ohio are enforceable but must be reasonable in scope, duration, and geographic reach. Employers and employees must carefully consider the terms of these agreements, and legal counsel should be sought to ensure their enforceability and compliance with current laws.

For more detailed information or specific cases, consulting with an attorney is recommended. Contact us today to discuss your case.

03/13/2024

Why Every Business Needs Contracts: A Safety Net for Success

Contracts are not just formalities; they are the foundation of trust and accountability in the business world. Here’s why they’re essential:

Clarity in Expectations: Contracts lay out the terms clearly, ensuring all parties understand their responsibilities and deliverables.

Legal Protection: A well-drafted contract provides legal recourse in case of disputes, protecting your business interests.

Risk Management: Contracts help mitigate risks by detailing what happens if things don’t go as planned.

Professionalism: Having contracts shows that you take your business seriously, which can impress partners and clients.

Financial Security: Contracts secure payment terms and conditions, safeguarding your cash flow.

Remember, a handshake might feel personal, but a contract ensures your business stays operational and prosperous. Contact us today to see if we can assist you with your contract needs.

03/12/2024

Estate Planning 101: Secure Your Legacy

Estate planning isn’t just for the wealthy—it’s essential for everyone. Whether you own property, have investments, or simply want to protect your loved ones, here are some key steps to consider:

Write a Will: A will outlines how you want your assets distributed after your passing. It ensures your wishes are respected and minimizes family disputes.

Choose an Executor: Select someone you trust to handle your affairs. They’ll manage your estate, pay debts, and distribute assets according to your will.

Power of Attorney: Designate someone to make financial and legal decisions on your behalf if you become incapacitated. It’s crucial for peace of mind.

Healthcare Directives: Specify your medical preferences in advance. Create a living will and appoint a healthcare proxy to make decisions if you can’t.

Trusts: Explore trusts to protect assets, minimize taxes, and provide for loved ones. Trusts can be tailored to your unique situation.
Remember, estate planning isn’t a one-time task. Regularly review and update your plan as circumstances change. Consult with an experienced attorney to ensure your wishes are legally documented.

Contact us today to ensure that your legacy is secure.

12/01/2022

Tis the season to begin thinking about last minute tax deduction ideas. Contact us about your 2022 questions.

09/15/2022

A favorable outcome for a client today! She was able receive a settlement, and avoid the hassle and cost of trial. Contact us for legal assistance.

08/02/2022

In addition to the 1099-NEC reporting requirements, business owners should be careful not to treat someone as a 1099 contractor when they would be classified as a W-2 employee. Classifying someone as a contractor when they should be an employee can create an IRS audit resulting in the owing of back-taxes and penalties.

A message from the IRS to small business owners: When you hire an independent contractor, the employer is generally not responsible for withholding income taxes, Social Security, or Medicare taxes from their compensation. However, by law, business taxpayers who pay nonemployee compensation of $600 or more must report these payments to the IRS. They do this using IRS Form 1099-NEC, Nonemployee Compensation.

Generally, payers must file Form 1099-NEC by January 31. To learn more, click here: http://ow.ly/1a5g50JWL1O

01/26/2022

https://www.reuters.com/legal/government/us-judge-blocks-biden-federal-employee-covid-19-vaccine-mandate-2022-01-21/

A judge in Texas ruled on Friday that President Joe Biden could not require federal employees to be vaccinated against the coronavirus and blocked the U.S. government from disciplining employees who failed to comply.

12/04/2021

US District Court for the Eastern District of Kentucky enjoins the enforcement of vaccine mandates in Ohio, Kentucky, and Tennessee.

OPINION amp ORDER GREGORY F. VAN TATENHOVE District Judge. This is not a case about whether vaccines are effective. They are. Nor...20211201925

11/19/2021

The verdict is in: Not Guilty.

This was a clear case of self defense and the prosecutor’s misconduct (Wisconsin Supreme Court Rule 3.8, 8.2, 8.4) should have him under review for disciplinary action.

— News —BREAKING: Kyle Rittenhouse Found Not GuiltyThe verdict marks the end of a contentious trial.By Mairead Elordi•Nov 19, 2021 DailyWire.com•FacebookTwitterMailMark Hertzberg-Pool/Getty Images A jury found Kyle Rittenhouse not guilty of murder Friday afternoon for fatally shooting two m...

10/21/2021

Facing vaccine or mask mandates from your employer or child’s school? Contact us for assistance. Do not allow threats or fear affect your basic right to make medical-related decisions for you or your child.