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Contracts Keyed to Burton
Runzheimer Int’l, Ltd. v. Friedlen
Citation:
362 Wis. 2d 100, 862 N.W.2d 879 (2015)Facts
The defendant worked for the plaintiff for a number of years, starting in 1993, participating in an incentive program that gave him bonuses. In 2009, the plaintiff required that all employees sign a restrictive covenant, and the defendant was told that if he did not sign within two weeks, his employment would be terminated. Participation in the incentive program was also dependent upon signing the restrictive covenant. The covenant included terms such as confidentiality obligations, non-solicitation of restricted customers, and a non-compete clause for the duration of 24 months. The defendant signed the covenant on June 15, 2009 and then received more than $20,000 from the incentive program during that year. On November 16, 2011, the plaintiff terminated the defendant’s employment. The defendant then reached out to a competitor of the plaintiff, and hired independent counsel who informed him that the restrictive covenant was not enforceable. The plaintiff then filed a complaint for breach of the restrictive covenant.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory Estoppel