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Home / Courts / Labor & Employment – Contract – Restrictive Covenants – Civil Practice – Preliminary Injunction (access required)

Labor & Employment – Contract – Restrictive Covenants – Civil Practice – Preliminary Injunction (access required)

Aeroflow, Inc. v. Arias The non-competition clause in the employment contract between plaintiff and its former employee is unenforceable because it attempts to restrict the former employee from too many types of jobs; plaintiff has failed to show that its former employee acquired and misused trade secrets; plaintiff has not shown that firing a sales representative for not meeting his goals is a termination “for cause” within the meaning of the employment contract, so plaintiff has not proven that the contract’s non-solicitation provision applies; and the former employee discussed an outside opportunity with one of plaintiff’s current employees, who did not quit, so plaintiff has not proven it was damaged by a breach of the employee-interference provision of the contract.

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