PRESTO-X-COMPANY, A Nebraska Corporation, Appellant, v. WELDON EWING, Appellee, 442 N.W.2d 85

Summary

The employee was terminated. The employee then sent a note to several of the employer's customers that included his home address, telephone number, and a statement that he was still certified by the state. The former employee began his own business and serviced many of the employer's former customers. The employer sought relief, citing the non-competition covenant in the employment agreement. The court determined that the employer was entitled to relief. The district court erred in refusing to enforce the restrictive covenant as written. The covenant was reasonable, and the note that the employee sent to his former customers was a solicitation, either direct or indirect, in violation of the covenant. The employee's servicing of the employer's former customers also directly violated the covenant. The employer was entitled to a permanent injunction because injunctive relief was part of the remedy stipulated to in the parties' agreement. The court used equitable powers to extend the ...