Sunday, February 24, 2013

Lakeland Employment Group of Akron v. Columber case brief

Lakeland Employment Group of Akron v. Columber case brief summary

SYNOPSIS:
-The Court of Appeals for Summit County (Ohio) affirmed the trial court's summary judgment grant to appellee former employee after appellant former employer filed a complaint asserting that the former employee had breached a noncompetition agreement the parties had executed.
-The appellate court then certified to the state supreme court that a conflict existed between its ruling and those of other appellate courts.

FACTS:
-The former employer filed a complaint asserting that its former employee had breached a noncompetition agreement the parties had executed.
-The agreement, signed three years after he started working for the former employer, provided that he would abide by certain time and geographical restrictions in establishing a competing business after his employment terminated.
-The former employer claimed that his employment had terminated several years after the agreement was signed and that he thereafter violated the terms of it.
-The former employer sought money damages and an order prohibiting him from violating the noncompetition agreement.
-The former employee admitted he had signed the noncompetition agreement and that he had started a competing corporation following his termination; however, he asserted the agreement was unenforceable due to a lack of consideration.

PROCEDURAL HISTORY:
The trial court agreed with the former employee and granted his summary judgment motion.
The appellate court affirmed.

HOLDING:
The state supreme court found the former employer's forbearance from discharging him while he was employed by it served as consideration to support the noncompetition agreement.

OUTCOME: The appellate court's judgment that affirmed the trial court's summary judgment grant to the former employee was reversed and the case was remanded to the trial court for further proceedings.


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