Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Moose

WIEAND, Judge:

James R. Moose, Robert L. Beard, and James R. Rohr-baugh became employees of Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) in late 1983 and early 1984. 1 At the time of commencing employment, each employee executed a written employment agreement which contained, inter alia, a restrictive covenant by which the employee agreed that for a period of one year after termination of his employment he would not solicit any of Merrill Lynch’s customers whom he had serviced or whose name he had learned during his employment by Merrill Lynch. These agreements also provided…