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Ken's Stereo-Video Junction Inc. v. Plotner

A non-compete clause that prevented a car stereo and security system installation manager from working for another consumer electronics company in any capacity was overbroad and unenforceable.

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Brian Plotner filed a petition for declaratory judgment against his former employer, Ken’s Stereo-Video Junction, Inc. “Ken’s Stereo”. In the petition, Plotner alleged that his employment contract with Ken’s Stereo contained an unenforceable non-compete clause and asked the court to declare it so. After the parties briefed the matter, the trial court declared the clause overbroad and unenforceable. Ken’s Stereo appeals, asserting the trial court erred in declaring the clause unenforceable and in failing to hold an evidentiary hearing or jury trial on the matter.1 For reasons that follow, we affirm.

In support of its position, Ken’s Stereo submitted to the trial court the affidavit of its majority shareholder and chief executive officer. The affidavit shows that Plotner began working for Ken’s Stereo as a car stereo installer in mid 1998. According to the affidavit, Plotner worked in that capacity for approximately two years, during which time Ken’s Stereo trained him in the customized installation of car stereos and security systems. By September of 2000, Plotner had advanced to the position of installation manager, and during that month he entered into a written employment agreement with Ken’s Stereo that contained the following non-compete clause:

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