23 Jul 2013

KTKL Attorneys Successfully Defend Against a Covenant not to Compete

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KTKL  successfully defended an individual in a confidential arbitration to enforce a covenant not to compete.  The individual, a successful buyer, left her employer to work for another company selling similar products.  The arbitrator found that the covenant not to compete was unenforceable because the new employer did not trigger the covenant not to compete because it was not a competitor as defined by the covenant not to compete.  Additionally, the arbitrator also found that the covenant not to compete was broader than necessary to protect the former employer, particularly because there was no evidence that the employee had used trade secrets.  Please contact Stephen Torline or Kathryn Lewis if you have a question concerning the enforcement of a covenant not to compete.