White v. Fletcher/Mayo/Associates case brief summary
303 S.E.2d 746 (1983)
Appellant sought review of an
injunction granted by the DeKalb Superior Court (Georgia) to enforce
noncompetition agreements which had been extensively edited by the
CASE FACTS Appellant signed noncompetition
agreements at the suggestion of the surviving company in a merger in
hopes of securing broader career opportunities. After appellant was
fired, he filed suit to determine whether he had to honor the
agreements. The trial judge had edited the agreements extensively,
declared them enforceable, and enjoined appellant from breaching
them. Appellant sought review claiming that if he had refused to sign
the agreements he would have been stigmatized, thereby jeopardizing
his career prospects.
The court stated that judicial editing was not
proper in employment contract cases but was proper in sale of
Although appellant had received payment for his stock
at the time of the merger, appellant's bargaining capacity had not
been significantly greater than that of a mere employee.
the court held the agreements were ancillary to an employment
contract and should have been enforced as written or not at all.
The court reversed the judgment. Suggested law school study materials
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