Engineer's Non-Compete Clause Was Too Broad To Enforce
An engineering firm could not enforce a non-competition agreement contained in its employment contract with a former employee because the agreement was too broad, the Supreme Court of Idaho ruled.
In December 1991, J-U-B Engineers Inc., a large Idaho firm, hired Stephen Freiburger, a professional engineer. As part of his employment contract, Freiburger signed a covenant not to compete. The contract stated: "I agree that for a period of two years following any date of termination of my employment with JUB, I would not attempt to take, or join with anyone to take (without the written consent of JUB) any of past or present clients or projects or any pending clients or projects, for [which] JUB has or would be providing professional services." While at J-U-B, Freiburger worked on various transportation projects, including some with the Idaho Dept. of Transportation.