G. Albert Barber Spa LLC v. Vargas
A court can enforce an employee's contract not to work for any employer that is located within five miles of a former employer's business for two years after the employee leaves the former employer. In January 2013, the plaintiff, G. Albert Barber Spa, hired the defendant, Carlina Vargas, as a hairstylist. Vargas agreed she would not compete with the plaintiff, for two years after she left the plaintiff's employ. In May 2013, Vargas quit and went to work at a company located approximately across the street. Vargas' new employer is primarily a women's salon, and it apparently advertised that Vargas would cut men's hair. The plaintiff spa sued Vargas and requested a temporary injunction. The noncompete agreement provided, "I will not for a period of two years following termination of employment with G. Albert Barber Spa be employed by . . . any spa, hair salon, beauty salon or the like which is competitive with the business of G. Albert and is located within 5 miles of any town where G. Albert Barber Spa is operating." The court found that the restriction on competition with businesses within five miles of the defendant for a duration of two years was reasonable. The defendant employee was guaranteed the receipt of $700 per week, and that constituted consideration for signing the agreement not to compete. The plaintiff employer's losses from the competition are difficult to compute, and the plaintiff has no adequate remedy at law for the continued breach of contract. The court granted the plaintiff employer's request for a temporary injunction, to preserve the status quo. The plaintiff is likely to prevail on the merits. The court temporarily enjoined the defendant from working at the plaintiff's competitor, from soliciting the plaintiff's clients and from disclosing the plaintiff's proprietary business information for two years from May 10, 2013.