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Summits 7, Inc. v. Kelly

Vermont Supreme Court
886 A.2d 365 (2005)


Facts

Staci Lasker (defendant), whose surname was Kelly at the time suit was filed, was hired by Summits 7, Inc. (Summits 7) (plaintiff) as an at-will employee earning $10 per hour. More than a year later, Summits 7 required Lasker to sign a noncompetition agreement as a term of continued employment. The agreement provided that she would not work for a company providing services similar to Summits 7 in Vermont, New Hampshire, or part of New York, for one year following Lasker’s termination for cause or voluntary resignation. She signed the agreement and eventually left the employ of Summits 7, which filed suit to enjoin her from working for a competitor. The trial court ruled in favor of Summits 7, on the basis, among others, that Lasker’s continued employment with Summits 7 constituted adequate consideration for the noncompetition agreement. Lasker appealed.

Rule of Law

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Issue

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Holding and Reasoning (Allen, C.J.)

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Dissent (Johnson, J.)

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