CHAD POOLE and TERRY FENDLEY, Appellants v. U.S. MONEY RESERVE, INC. d/b/a UNITED STATES RARE COIN & BULLION RESERVE, Appellee, 2008 Tex. App. LEXIS 8257


Summary

The parties' employment agreements contained covenants not to compete. The court held that although the trial court did not abuse its discretion in granting a temporary injunction to preserve the status quo, it did abuse its discretion in crafting the temporary injunction order. In addition to preventing the former employees from contacting existing and potential clients, the order prevented the former employees from engaging in any similar or related business, in any capacity. In the case of covenants applied to a personal services occupation, such as that of a salesman, a restraint on client solicitation was overbroad and unreasonable when it extended to clients with whom the employee had no dealings during his employment. The temporary injunction order did not set forth any reasons for issuance of the temporary injunction or otherwise state any reason why the identified probable injury was an irreparable one for which the employer had no legal remedy. Further, the order did not ...