Buffkin v. Glacier Group

997 N.E.2d 1 (2013)

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Buffkin v. Glacier Group

Indiana Court of Appeals
997 N.E.2d 1 (2013)

Facts

Glacier Group (Glacier) (plaintiff) was an executive recruiting firm in the information technology (IT) sector. In 2008, Glacier hired Daniel Buffkin (defendant) as a sales recruiter. At the time, Buffkin had no experience, and Glacier taught him all the material aspects of the job. Buffkin did not deal directly with Glacier’s clients; rather, Glacier provided Buffkin with a job description, client identification, and anticipated compensation, and Buffkin identified potential candidates and turned them over to Glacier. Glacier claimed to have customers in 45 cities throughout the United States, but Buffkin did not recruit in all of them. Before commencing his employment, Buffkin signed a covenant not to compete, which provided that for three years after the termination of his employment with Glacier, Buffkin would not be connected in any way with any business that competed with Glacier in employee recruitment for employers that had offices anywhere in the continental United States. Buffkin left Glacier in 2011 and continued to work in IT recruiting. Glacier sued to enforce the noncompete, and the trial court issued a preliminary injunction prohibiting Buffkin from being connected in any way with any business competing with Glacier in the business of IT employee recruitment for employers with offices in the continental United States. Buffkin appealed.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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