Avion Sys. Inc. v. Thompson

A covenant prohibiting the appellee from continuing to work at her assigned job site, either individually or in association with an individual or organization other than appellant, was unenforceably broad in that it failed to particularly specify the nature of the forbidden business activities.

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In Thompson v. Avion Systems, Inc. ,1 the Supreme Court of Georgia vacated the judgment of this Court in Avion Systems, Inc. v. Thompson .2 Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. The Supreme Court also remanded the case to this Court for reconsideration in light of its determination that the trial court’s order should have been treated as an order granting summary judgment. Accordingly, we render the following opinion, which treats the trial court’s order as an order granting summary judgment. In this action for breach of an employment contract, the employer, Avion Systems, Inc. Avion, claims that its former employee, Maxine Thompson, violated two provisions of the agreement by terminating her employment with Avion before the required term of one year and by then continuing her employment with the assigned employer at the job site where she had been placed through Avion. In response to a motion filed by Thompson arguing that the relevant contractual provisions were unenforceable, the trial court entered summary judgment on these claims. Avion appeals, claiming that it did not have an opportunity to respond to the motion and that the covenants were enforceable. As one of the restrictive covenants was enforceable, we affirm in part and reverse in part.

Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a denial of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .3

Avion Sys. Inc. v. Thompson

A covenant prohibiting the appellee from continuing to work at her assigned job site, either individually or in association with an individual or organization other than appellant, was unenforceably broad in that it failed to particularly specify the nature of the forbidden business activities.

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