In Bradley V. Health Coalition, a salesman for a health products company signed a non-compete covenant whereby he would not compete for a period of two years after the termination of employment. The covenant not to compete prohibited the solicitation of "any active, paid up customers of the corporation." After termination, Bradley took a job with one of plaintiff’s competitors, and plaintiff filed suit to enforce the non-competition agreement. The trial court granted an injunction and refused to hear Bradley’s defense of “first breach,” which would excuse him from performance. Bradley argued that the employer had materially breached the employment agreement by wrongfully refusing to pay commissions which he had earned, and he was therefore released from any further obligation to observe the noncompetition agreement.
The case can also be located at: http://www.mlmlegal.com/legal-cases/Bradley_v_HealthCoalitionInc.php
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
MLM / Direct Sales Updates, MLM Consulting / Network Marketing Updates
State, 11th Circuit, Florida |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Babener & Associates | Attorney Advertising