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Kuehn v. Selton & Assocs.

Defendant could not enforce a restriction in its former broker's employment contract which prohibited broker from competing with defendant indefinitely.

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In these appeals we decide whether the parties to an employment contract were entitled to summary judgment regarding the enforceability, performance and meaning of non-competition and other provisions contained in the agreement.

Brad Kuehn worked for Selton & Associates, Inc. “SAI” as a commercial real estate agent and broker. He negotiated office lease transactions with landlords on behalf of SAI’s clients, who were tenants. When the transactions were completed, the landlords paid SAI commissions, which SAI shared with its agents who handled the transactions. Believing that SAI was not paying him the commissions it owed him, Kuehn resigned from his position. A short time later, he established Atlanta Office Realty, Inc. “AOR”, of which he was the only officer and employee. During his affiliation with AOR, Kuehn used information received during his tenure at SAI and competed with SAI in some lease transactions.

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