The Wisconsin Court of Appeals invalidated a noncompete agreement the former general manager of a Kia dealership in Madison signed when he was hired, finding it overbroad and unenforceable.
Noncompete agreements "are pretty common, especially at general manager levels," according to Kevin Palmersheim, who represents Metro Kia of Madison, the dealership that sued to prevent its ex-general manager from working for competitors.
Because state laws vary, such agreements can be especially tricky for dealer groups operating in more than one state, said Palmersheim, of Middleton, Wis. In Wisconsin, for example, if any provision in a noncompete agreement is deemed unreasonable, the whole agreement is unenforceable. But in nearby Illinois and Minnesota, only the specific unreasonable restrictions can't be enforced, he said.
Metro Kia of Madison's challenged agreement purported to prohibit Drake Lallas from engaging "directly or indirectly, per…