McInnis v. OAG Motorcycle Ventures, Inc.

(Court opinion corrected 7/3/15.) Salesman at motorcycle dealership, who resigned after 18 months, filed declaratory judgment action seeking to declare restrictive covenant unenforceable. Employer failed to show existence of any consideration beyond employment sufficient to qualify as additional consideration. As employment agreement is not supported by adequate consideration, restrictive covenants are thus unenforceable against Plaintiff. (FITZGERALD SMITH, concurring; ELLIS, dissenting.)