Wednesday, December 18, 2013

Howard Schultz & Associates v. Broniec case brief

Howard Schultz & Associates v. Broniec case brief summary
236 S.E.2d 265 (1977)


CASE SYNOPSIS
Plaintiff employer appealed a judgment by the DeKalb Superior Court (Georgia), which dismissed an action seeking an injunction to enforce a covenant not to compete contained in an employment agreement and to restrain defendant former employee from divulging confidential and privileged information received by him during his employment.

CASE FACTS
Plaintiff employer brought an action against defendant, a former employee, seeking an injunction to enforce a covenant not to compete contained in an employment agreement and to restrain defendant from divulging confidential and privileged information received by him during his employment. Plaintiff appealed the dismissal of its complaint.

DISCUSSION
The court ruled that the covenant not to compete was invalid because plaintiff employer had not justified a territorial restriction contained in the covenant and because the covenant failed to specify with particularity the activity which the employee was prohibited from performing.

CONCLUSION
The judgment dismissing plaintiff's complaint was affirmed.

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