Labriola v. Pollard Group

Oral Argument Date: 03/09/2004 Concurring: Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst EN BANC In this case we consider whether there was consideration for the formation of a valid non-compete agreement signed by an employee, five years after he was hired, when the employer offered no other additional benefits or promises to the employee. Anthony Labriola (Employee) seeks a declaration that an agreement not to compete is null and void against Pollard Group, Inc. (Employer), his former Employer. A non-compete agreement entered into after employment has commenced is validly formed only when there is independent consideration at the time the agreement is reached. Finding that there was no independent consideration at the time of the 2002 non-compete agreement, we reverse the trial court's summary judgment ruling. FACTS