Non-Compete Dispute

An executive entered into a covenant not to compete against his employer that essentially prohibited him from taking any job in the global petroleum industry for a period of five years after his employment ended.  After several years of employment, the executive was terminated because of a personal conflict with one of his supervisors.

In an attempt to comply with the covenant not to compete, the executive began searching for a job that was not related to purchasing materials used in manufacturing petroleum products – his position with the former employer.  After almost a year of searching for a job, he accepted a position that required him to sell finished petroleum products, approximately 2,000 miles away from his home, causing him to spend long periods of time away from his family.

Several months after beginning employment, the executive’s former employer learned of his new job and filed to enforce the covenant not to compete.  Associate Attorney Brian Weeks’ knowledge of enforceable covenants not to compete allowed him to see the deficiencies in the covenant with the former employer.  Through an aggressive Motion for Summary Judgment, Brian was able to compel negotiations which eventually resulted in shortening the time frame of the covenant and limiting its scope to enable the executive to keep his new job and provide for his family.