WILLIS REFRIGERATION, AIR CONDITIONING & HEATING, INC., Plaintiff-Appellant, - vs - FLOYD E. MAYNARD, JR., et al., Defendants-Appellees., 2000 Ohio App. LEXIS 940

Summary

Plaintiff company filed a motion seeking a preliminary injunction against defendants, former employees, seeking to prevent defendant from soliciting customers or employees of plaintiff in the heating, ventilation, and air conditioning business. The trial court denied the injunction, and the court of appeals affirmed. Plaintiff filed a motion for reconsideration of the decision. The court granted the motion for reconsideration. The court found its ruling as to one defendant was erroneous. The defendant signed a covenant not to compete at the beginning of his employment with plaintiff. Therefore, the restriction applied both during and after employment, and restricted defendant from soliciting any employee of plaintiff to leave. The court found the evidence supported a finding that defendant solicited at least one of plaintiff's employees to leave and join defendant's company. The court remanded part of the case to the trial court for further action.