Contracts

Brief

Lake Land Employment Group of Akron, LLC v. Columber

Procedural History:

• Trial court finds for D on summary judgment. There was no consideration on non-compete contract.
• P Appeals.
• Court of appeals confirmed.

Facts:

• D is an employee of P from 1988 to 2001.
• D signed the non-competition agreement.
• After being discharged from working for P, D formed his own business similar to that of Lake Land.

Issue:

• After employment has already begun, is continued employment of the same nature sufficient consideration to make a non-competition contract enforceable?

Holding:

• Reversed and cause remanded.

Reasoning:

• At the time of being presented with the non-competition contract, both parties had the ability to quit or fire and both elected to not exercise that right.
• Consideration exists where an at-will employer and an at-will employee continue their employment relationship, rather than terminate it, after the employer imposes a new requirement for employment.