The Georgia Supreme Court affirmed, finding (in my words) that there was no gristle on his noncompete and he had been properly enjoined.Īs a noncompete practitioner representing the players on all sides of disputes (e.g., former employers, hiring employers, and transitioning employees), I frequently hear arguments about an employee taking proprietary or confidential information that is the former employer’s “secret sauce.” Well in Baxley, the defendant truly learned the “secret sauce” but then he got slow-cooked by the courts when he violated his noncompete by working for a direct competitor. Having found his noncompete was valid and reasonably necessary, the trial court enjoined him. He was also involved in the restaurant’s operations, which mimicked many features of the Old Hickory House. He was specifically directing how meats were prepared and served there. Baxley left, he put this specialized training to use as the manager of a nearby restaurant. The restaurant also had a unique operational method using an indoor pit that he learned while at Old Hickory House.Īfter Mr. He was also unfamiliar with the special cuts of meats and the secret sauce the restaurant used. Baxley had never seen or learned the Old Hickory House’s specialized method of cooking meats before working there. Old Hickory House also convinced the court that its noncompete was warranted. However, this noncompete was not lathered up with any of the usual flaws which rendered noncompetes unenforceable back then: the restricted territory was limited to the radius around locations specifically identified in the contract, and the one-year post-termination restriction was reasonable in duration. Back then, and up until Georgia adopted a restrictive covenant statute in 2011, it was very difficult to enforce noncompetes in employment agreements. Keep in mind that this case was from 1968. When he left and accepted employment at a nearby barbeque restaurant, the Old Hickory House put him under indirect heat by filing suit. Baxley’s noncompete agreement prohibited him from engaging in the preparation and sale of barbeque meats for one year following his termination at any location within 10 miles of the six locations listed in his agreement. ![]() In the 1960’s there were multiple Old Hickory House locations throughout Atlanta and Decatur. Baxley worked for the Old Hickory House, a barbeque restaurant that was founded in 1955 and is still around today. a barbeque cook! As a noncompete practitioner and a BBQ fan (I grew up in Memphis), I was ribbed with interest in reading this noncompete case. Baxley involved a noncompete suit against … wait for it…. Learn more about the digital divide.I usually blog about new Georgia noncompete cases, but I also occasionally stumble across older cases that contain fun and saucy facts that are worthy of serving up in a blog discussion. Internet access doesn't impact everyone equally. Learn more about Internet data on Redfin. To verify internet details, contact the provider directly. Redfin recommends buyers conduct their own investigation to determine their desired internet options. Internet provider, connection type, and speed availability may change. Internet data is provided by BroadbandNow for informational purposes only and is not guaranteed. Additional Internet options for this home include Fixed Wireless, DSL, Satellite, Satellite provided by T-Mobile 5G Home Internet, CenturyLink, Viasat Internet. The best available Internet option for This home is provided by NCI Datacom, using Fixed Wireless technology with speeds up to 400 Mbps. ![]() ![]() This home is serviced by 5 Internet service providers, including NCI Datacom, T-Mobile 5G Home Internet, CenturyLink, Viasat Internet.
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