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At-Last, Inc. d/b/a Blackwatch Investigation and Mitigation v. Terry Glen Buckley

Tenn. Ct. App.March 22, 2021No. W2020-00249-COA-R3-CV

Case Details

Judge(s)
Judge Carma Dennis McGee
Status
Published
Procedural Posture
appeal

Related Laws

No specific laws identified for this ruling.

Excerpt

This case involves a company's claim for attorneys' fees and expenses for the alleged breach of a non-compete agreement by its former employee. After a temporary injunction hearing, the trial court determined that the former employee breached the agreement and granted the company a temporary injunction. The court did not consolidate the hearing on the merits under Tennessee Rule of Civil Procedure 65.04(7). Later, the claims were voluntarily dismissed, and the trial court awarded the company attorneys' fees and expenses under the "Remedies" section of the parties' agreement. The former employee appealed the trial court's decision to grant the company attorneys' fees and expenses. We reverse the trial court's award and remand.

What This Ruling Means

**What Happened:** Blackwatch Investigation, a Tennessee company, sued their former employee Terry Glen Buckley, claiming he violated a non-compete agreement after leaving his job. Non-compete agreements typically prevent workers from taking certain jobs or starting competing businesses for a period after leaving. The company asked the court for a temporary order to stop Buckley from his new activities and also requested that he pay their attorney fees and court costs. **What the Court Decided:** Initially, a lower court agreed with the company and issued a temporary order against Buckley, finding he had breached his non-compete agreement. However, the case was later voluntarily dismissed (meaning the parties likely settled). The lower court still awarded attorney fees to the company. Buckley appealed this decision, and the appeals court sent the case back to the lower court for further review, finding issues with how the attorney fees were awarded. **Why This Matters for Workers:** This case highlights important concerns about non-compete agreements. Even when the main lawsuit gets dismissed, workers might still face financial consequences like paying their former employer's legal bills. Workers should carefully review any non-compete clauses before signing employment contracts and consider consulting an attorney if faced with such claims, as the legal costs can be significant even in cases that don't go to trial.

This summary was generated to explain the ruling in plain English and is not legal advice.

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