Frankiewicz v. National Comp Associates

I cannot agree that the restrictive covenant here is not in restraint of trade merely because the employer has not sought an injunction to prevent competition. Neither can I agree that an unenforceable covenant not to compete may be used to deny vested renewal commissions provided for in the contract. In my view, the covenant not to compete is either enforceable for all purposes or unenforceable for all purposes if it is in restraint of trade. Because the covenant in question is overly broad and thus unenforceable as an unwarranted restraint of trade, as a matter of law, Justin Belt Co., Inc.…