Boisen Vodra
Covenant terms Similar employment, 10
years, 50 mile radius
Enforceable? No
Reasoning did not acquire confidential
info, did not receive special
on the job training to
justify covenant. May be
enforceable to prevent
unfair, but not ordinary
competition
SPC No personal or biz based
contact with customers,
- To distinguish between “ordinary” and “unfair competition”, courts have focused on whether the employee has the opportunity to appropriate the
employer’s goodwill by initiating personal contacts with the employer’s customers.
Malcom Rosno C&L
Soliciting business from Practicing dentistry w/in 2 years, 25 miles
customers of appellant for a 25-mile radius for one within Lincoln, NE
3 years after termination year in the same town cannot in/directly
of employment solicit, contact,
perform services for
any of employer’s
clients
Yes No Yes
Not unduly harsh and Unreasonable because it
oppressive did not limit itself to
defendant’s client base
After began working at
Noll, contacted at least
70% of clients she
serviced while working
for C&L, “possibly”,
85-90%.