Employer Wins in Non-compete Fight and Back Pay

Our client hired a new salesperson - a hardworking young fellow, eager to prove himself on the job.  Shortly after the salesperson started working, his former employer, a competitor in the same industry, sued the salesperson and our client, claiming breach of a non-compete agreement and sought to prevent the salesperson from working for anyone in the industry anywhere in the world for a full year.  The former employer actually secured a court order that temporarily forced the salesperson, who had also become our client, to stop working.  

After a hearing where we were able to present the full facts, the court declared the non-compete agreement unenforceable, allowing the salesperson to return to work immediately.  He was also awarded back pay of more than $31,000 for the time he was wrongfully prevented from working, and his new employer was awarded more than $36,000 in attorneys’ fees for having to defend the case.