Non-Compete Alert: Montana Supreme Court Weighs in on Enforcing Non-Competes Against Terminated Employees
Courts continue to wrestle with the issue of whether a company has a legitimate business interest in enforcing a post-employment non-compete when it fires an employee without cause. Last September this Blog discussed Missett v. Hub International Pennsylvania, LLC, in which the Pennsylvania Superior Court explained that “the circumstances of termination are, alone, not determinative of whether the restrictive covenant is enforceable...."
Take This Job And Litigate It (pdf)
The Montana Supreme Court recently held that an employee who
was fired for cursing at her supervisor and storming out of a meeting could
proceed to trial, overturning a lower court decision that had thrown the
case out. In allowing the case to proceed to trial, the Montana high court
underscored the need to maintain explicit handbook policies concerning
offensive conduct and grounds for discipline. Arnold v. Yellowstone
Mountain Club, LLC.
