Lucht's Concrete Pumping, Inc. v. Horner

We granted certiorari to determine whether continuing the employment of an existing at-will employee is adequate consideration to support a noncompetition agreement. Petitioner Lucht's Concrete Pumping seeks to enforce a noncompetition agreement signed by respondent Tracy Horner, a former at-will employee. Because Horner was an existing at-will employee when he signed the agreement, Lucht's argues that its forbearance from terminating Horner constitutes adequate consideration for the noncompetition agreement.

The court of appeals held that continued employment does not constitute adequate…