The relevant exception here is set forth in § 8-1-1(b): Code 1975, provides that contracts restraining business are void, with certain exceptions. King argues on appeal that Head Start did not meet its burden of proving that the non-competition agreement is valid and enforceable. The trial court found that King was violating the non-competition agreement and entered an injunction prohibiting her from working in the hair-care industry within a two-mile radius of a Head Start facility for a period of 12 months after her employment at Head Start had been terminated. Several of Head Start's current employees testified that King had contacted them about leaving their jobs at Head Start to go to work for Sports Clips. ![]() ![]() ![]() Head Start also filed an injunction bond in the amount of $2,000.Īt the hearing on the preliminary injunction, King testified that she left Head Start to work as a manager for Sports Clips, but she assumed that the non-competition agreement was invalid because she believed that her employment file, which contained the non-competition agreement, had been lost or destroyed. Head Start filed a motion for a preliminary injunction, seeking to enforce the non-competition agreement. King continued her employment with Sports Clips after she received Head Start's letter, and Head Start sued King. The non-competition agreement prohibited King from working at a competing business within a two-mile radius of any Head Start facility for a period of 12 months after she left the employ of Head Start and prohibited her from recruiting Head Start employees. The letter informed her that by working as a manager for Sports Clips and by attempting to recruit Head Start employees to work at Sports Clips, she was violating the "Employee Non-Disclosure and Non-Competition Agreement" ("the non-competition agreement") she had signed in 1995 while she was employed as a manager of one of Head Start's facilities. After King had been working at Sports Clips for several weeks, she received a letter from counsel for Head Start. King apparently contacted several of her former co-workers at Head Start in an effort to get them to leave Head Start and work for Sports Clips. Sports Clips is located in the same shopping center as is the Head Start facility at which King had been employed at the time of her resignation. The only hair-care service Sports Clips offers is haircuts, and its primary customers are men and boys. In early March 2003, King left her employment with Head Start and began working for another hair-care entity, Sports Clips, as a manager at its Pelham location. 1 King was employed by Head Start for approximately 16 years for most of that time she performed duties as a stylist and, from October 1995 to September 1996, she also managed one of the company's facilities in Shelby County. Head Start had 30 locations throughout Jefferson and Shelby counties. The hair-care services offered by Head Start include haircuts, hair coloring, and permanents it offers those services for both men and women. During the 25 years she has been a hair stylist, King has been employed by several different entities rendering hair-care services. She is a single mother and provides financial support for her daughter, who is in college. ![]() King has worked as a hair stylist for over 25 years. Kathy King appeals from the trial court's preliminary injunction enforcing a non-competition agreement between King and Head Start Family Hair Salons, Inc.
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