Thursday, December 26, 2013

White v. Fletcher/Mayo/Associates case brief

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 lower court.

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 business cases. 
  • 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. 
  • Therefore, 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.

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