United States Eleventh Circuit

In an action by a tax preparation firm against a former employee claiming that defendant violated the terms of her employment agreement by soliciting plaintiff's clients, providing tax-preparation services to plaintiff's former clients, and soliciting and hiring plaintiff's employees, summary judgment dismissing both parties' claims is affirmed in part where: 1) the district court did not err by granting summary judgment on defendant's wrongful termination counterclaim because, even if defendant was hired for the 2006 tax season, no enforceable employment agreement governed the relationship; 2) defendant failed to exhaust her administrative remedies on her Title VII claim; and 3) an intra-corporate communication to someone who clearly had reason to receive the information did not constitute a publication for defamation purposes. However, the judgment is reversed in part where: 1) the agreement's non-competition covenant was reasonable, considering the nature and extent of the business, the situation of the parties, and other relevant circumstances; and 2) the non-solicitation clause was enforceable because it was reasonable with respect to duration and activity covered, and it did not prohibit defendant from accepting unsolicited business.

Appellate Information

• Decided 05/17/2010
• Published 05/17/2010

Judges

• PER CURIAM:, Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel