Poole v. Incentives Unlimited, Inc.

STILWELL, Judge:

The issue addressed in this appeal is whether a covenant not to compete is enforceable when entered into during an at-will employment relationship and the only “benefit” to the employee is that the employee is not terminated. While other cases have tangentially addressed the issue, this is the first time it has been so squarely presented to an appellate court in this state. The trial court held that a covenant not to compete entered into under these circumstances is unenforceable for lack of consideration. We agree and affirm.

FACTS

Carol C. Poole began working as a travel agent…