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, the trial court dismissed the action for failure to state a claim.1 Avion appeals, claiming that it did not have an opportunity to respond to the motion and that the complaint stated a cause of action. As one of the restrictive covenants was enforceable and Avion has pled facts to support its claim for breach of contract, we reverse. A motion to dismiss should only be granted where “the allegations of the complaint, when construed in the light most favorable to the plaintiff with all doubts resolved in the plaintiff’s favor, disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts.” Cooper v. Unified Govt. of Athens-Clarke County. 2
Construing all allegations of the complaint in favor of Avion, the record shows that on July 21, 2003, Thompson entered an employment agreement with Avion. In its introductory paragraph, the contract provided that Thompson was joining Avion as a “full time employee at will” for a salary of $67,620 per year. The document then set forth a section of covenants, two of which are at issue in this action: The Employee, upon his/her own consent, agrees to provide on-site consulting services . . . for a minimum of twelve 12 months. For a period of twelve 12 months following the completion of project, the Employee unconditionally agrees to not deal directly, indirectly, or by any other means, either individually or in association with another individual or organization for any pecuniary gain with Corporation’s customer or their client to whom he is assigned at the particular job site for that particular division or subdivision with whom Employee had contact. . . . Thompson began working for Avion and was placed on a project with one of Avion’s customers. On October 15, 2003, Thompson notified Avion via electronic mail that she was terminating her employment with Avion and would be working at her assignment through another contractor.
