Cummings Inc. v. Dorgan

OPINION

in which ALAN E. HIGHERS, P.J, W.S., and DAVID R. FARMER, J., joined.

This appeal involves an employment agreement and a non-compete covenant. The defendant sates representative was employed as a salesperson by the employer sign company. The parties executed an agreement setting out the structure of the employee’s compensation, to be effective for three years. Prior to the expiration of the agreement, the plaintiff employer asked the employee to sign a new contract, changing his pay from straight commissions to salary plus commissions, as well as a separate two-year non-compete…