The Ohio Court of Appeals has affirmed a lower court's ruling against Corey J. Schmidt, a former associate dentist at Cleveland Smile Center, for breaching his employment contract and engaging in telecommunications harassment. The court's decision, released on June 11, 2026, means Schmidt must pay $59,295.09 in attorney fees to his former employers, Drs. Dan and Sam Glick, and adhere to a two-year injunction prohibiting him from contacting their patients or employees.
This ruling affects Schmidt directly, as it upholds the penalties imposed by the lower court for his actions after his termination from Cleveland Smile in March 2024. It also sets a precedent regarding the enforcement of noncompetition and nonsolicitation agreements in employment contracts within the dental industry.
Background
The case, Aurora Smile Center, L.L.C. v. Schmidt (No. 115072), began when several dental practices, collectively known as Cleveland Smile, filed a complaint against Schmidt in April 2024. The plaintiffs included Aurora Smile Center, Cuyahoga Falls Smile Center, Oakwood Smile Center, Westlake Smile Center, and the two Glick brothers, who are licensed dentists. They alleged that Schmidt, who had joined the practice as an associate dentist in January 2023, breached his employment agreement after being terminated.
The employment agreement included noncompetition and nonsolicitation clauses that prohibited Schmidt from soliciting patients or employees from Cleveland Smile for two years following his termination. The plaintiffs claimed that Schmidt violated these provisions by sending harassing messages to the Glick brothers, posting fake negative reviews online, and attempting to influence a prospective employee's decision to join the practice.
The Ruling
The trial court ruled in favor of Cleveland Smile, granting a motion for summary judgment on December 13, 2024. The court found that Schmidt had breached his employment agreement and engaged in telecommunications harassment. Judge Kathleen Ann Keough stated in the ruling, "Cleveland Smile conclusively established every element of its breach-of-contract claim and summary judgment was properly granted therewith." The court also issued a two-year injunction against Schmidt and awarded attorney fees to Cleveland Smile.
During the attorney fees hearing, Schmidt, who represented himself, argued that he was unaware of the proceedings and had not received adequate communication from Cleveland Smile. However, the court noted that Schmidt had been given opportunities to contest the fees but failed to do so within the specified timeframe. The court ultimately ordered Schmidt to pay $59,295.09 in attorney fees, which he appealed.
Impact
The court's decision reinforces the enforceability of noncompetition and nonsolicitation clauses in employment contracts, particularly in the healthcare sector. It emphasizes the importance of adhering to such agreements and the potential consequences of breaching them. Additionally, the ruling highlights the legal recourse available to employers when faced with harassment and contract violations by former employees.
For Schmidt, the ruling means he must comply with the injunction and pay the substantial attorney fees. This case may also serve as a warning to other professionals in similar positions about the risks associated with violating employment agreements.
What's Next
Schmidt has the option to appeal the ruling further, but details regarding any potential appeal were not available in the court filing. There are no related cases pending at this time.