Lake Land Employment Group of Akron, LLC v. Columber – Case Brief

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.
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