Speculative Fears Insufficient for Non-Compete Temporary Restraining Order Against Former Employee

While treats are in abundance on Halloween, a Minnesota employer recently received a trick when a federal court denied its temporary restraining order application. A Minnesota federal court held that an ex-employer’s apprehension that a former employee violated or would violate a non-compete and confidentiality agreement was entirely speculative and, thus, did not warrant a TRO. Sempris, LLC v. Watson, Civil Ac. No. 12-2454 ADM/JJG (D. Minn., Oct. 22, 2012) The court found that there was insufficient evidence of damages or harm to warrant injunctive relief.

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