After Jim Briles quit an executive position at Global Link Logistics, Inc., and started working for a competitor, he brought this action for injunctive and declaratory relief concerning the restrictive covenants in his employment agreement with Global Link. Briles also sued for defamation. Global Link answered and moved to compel arbitration. The trial court held the covenants unenforceable and sent the rest of the matter to arbitration. On appeal, Global Link argues that the trial court abused its discretion when it held the covenants unenforceable and denied arbitration as to them. We disagree and therefore affirm. The standard of review from the grant or denial of a motion to compel arbitration is whether the trial court was correct as a matter of law. Moore & Moore Plumbing v. Tri-South Contractors , 256 Ga App. 58, 60-61 1 567 SE2d 697 2002 grant of motion; D. S. Ameri Constr. Corp. v. Simpson , 271 Ga. App. 825, 826 611 SE2d 103 2005 denial of motion. Likewise, “whether a restraint imposed by an employment contract is reasonable is a question of law for determination by the court, which considers the nature and extent of the trade or business, the situation of the parties, and all the other circumstances.” Habif, Arogeti & Wynne, P.C. v. Baggett , 231 Ga. App. 289, 292 498 SE2d 346 1998.
The record shows that on May 20, 2006, Briles entered into an employment agreement with Global Link’s predecessor in interest. At the time of the agreement, Briles did not have any ownership interest in Global Link’s predecessor, although he apparently acquired an equity interest in Global Link in one of the transactions surrounding Global Link’s purchase of the predecessor. The employment agreement contained a non-disclosure covenant as well as a non-compete and non-solicitation covenant. The non-disclosure covenant prohibited Briles, without time limitation, from disclosing or using for his own purposes “the information including lists of customers or potential customers, observations, customer and vendor relationships and data including trade secrets obtained by him while employed by the Company.” The non-compete covenant prohibited Briles from “engaging whether as an owner, operator, manager, employee, officer, director, consultant, advisor, representative or otherwise, directly or indirectly, in any Competitive Business,” for 24 months after his departure, and from soliciting any Global Link customer, present or future supplier, or employee during that time.
