Traffic Control Services, Inc. v. United Rentals Northwest, Inc.

*169OPINION

Philip A. Burkhardt and his current employer, Traffic Control Services, Inc., d/b/a Allied Trench Shoring Services, appeal the issuance of a preliminary injunction enforcing a noncompetition covenant in favor of United Rentals Northwest, Inc., the purchaser of the corporate assets of Burkhardt’s former employer, NES Trench Shoring.

The primary issue on appeal is whether an employer in a corporate sale may assign rights under an employee’s covenant not to compete without the employee’s consent. We hold that an employer may only assign such covenants with the employee’s consent and only…