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Copier Specialists, Inc. v. Gillen

Citations: 887 P.2d 919; 76 Wash. App. 771Docket: 13576-4-III

Court: Court of Appeals of Washington; February 2, 1995; Washington; State Appellate Court

Narrative Opinion Summary

In this case, Copier Specialists, Inc. appealed a judgment dismissing its claim against a former employee, Jason Gillen, for breaching a non-competition agreement. Gillen was employed for six months and received training in electronics and copier repair. However, upon termination, he joined Basin Office Systems, where he worked on different copier brands without engaging in sales or sharing confidential information. Copier Specialists argued that the covenant was necessary to protect its investment in Gillen's training. The trial court evaluated the covenant's enforceability based on its necessity for business protection, the extent of restraint on the employee, and its potential impact on the public. The court found the covenant unreasonable, noting Gillen's limited client interaction and the nature of the skills obtained. The appellate court affirmed this decision, concluding that the non-competition agreement was not essential for protecting Copier Specialists' business interests, thus ruling it unenforceable. Consequently, the judgment was in favor of Gillen, allowing him to continue his employment without restrictions from the non-competition covenant.

Legal Issues Addressed

Enforceability of Non-Competition Agreements

Application: The court determined that the non-competition agreement was unenforceable as it was unnecessary for protecting the business interests of Copier Specialists.

Reasoning: The court ruled the agreement unenforceable, finding it unnecessary to protect Copier Specialists' business.

Minimal Client Contact and Skill Acquisition

Application: Gillen's limited interaction with clients and the basic skills acquired during his brief employment did not warrant enforcement of the non-competition covenant.

Reasoning: The court concluded that Gillen had minimal contact with clients and that the skills acquired during his short employment did not justify enforcing the covenant.

Reasonableness Test for Non-Competition Covenants

Application: The trial court assessed the agreement's reasonableness based on necessity for business protection, excessive restraint on the employee, and potential public impact.

Reasoning: The trial court assessed the agreement's reasonableness based on three criteria: necessity for business protection, whether it imposed excessive restraint on the employee, and the potential public impact of enforcing the covenant.