Wausau Medical Center, S.C., Plaintiff-Appellant, v. Mark W. Asplund, M.D. and Mark W. Asplund, M.D., S.C., Defendants-Respondents, 182 Wis. 2d 274

Summary

Defendants entered into a contract of employment with plaintiff. The contract had a covenant not to compete which restricted defendants ability to compete with plaintiff for two years after employment. Plaintiff alleged that defendants violated the restrictive covenant. The court held that restrictive covenants were suspect and must be closely scrutinized to pass legal muster as being reasonable. Plaintiff failed to prove that the covenant was reasonably necessary. As defendants provided future promises or representations, the statements were not statements of fact. The court held that summary judgment on the misrepresentation claim made by plaintiff was proper because no statement of fact was misrepresented. Further, plaintiff did not prove that defendants breached a claim of good faith and fair dealing when defendants terminated the contract because defendants were allowed under the contract to terminate the contract.