VULCAN STEEL STRUCTURES, INC. Et Al. v. McCARTY Et Al.

McFadden, Judge.

Vulcan Steel Structures, Inc. and affiliated companies (“Vulcan”) appeal the order declaring the restrictive covenants in an agreement with former employee Gary John McCarty to be unenforceable. We hold that the nonsolicitation of customers covenant in the agreement is unenforceable because it prohibits McCarty from accepting business from unsolicited clients. And the 2008 agreement is not subject to blue-penciling, since it was entered into before the effective date of the act revising the law related to restrictive covenants in contracts. Holton v. Physician Oncology Svcs.,…