Business Litigation Attorneys Serving
Kansas and Missouri

Testing the Limits of Reasonableness


Dustin Robinson

After obtaining a degree in electrical engineering, Dustin Robinson had worked in the electrical testing field, maintaining and updating industrial and commercial electrical systems, his entire career. When he joined Electric Power Systems, Inc. Dustin learned he would be required to sign an extremely restrictive non-competition and non-solicitation agreement. Less than a year later, Dustin decided to move on to a new employer, and EPS sought to enforce the strict terms of the agreement. Adhering to those terms would have required Dustin to either move to another region of the country, or to abandon the electrical testing field entirely. Such a result would also have forced Dustin’s new, out-of-state employer to alter its plans for expansion into the Kansas City area. In an expedited litigation timeframe featuring multiple requests for injunctive relief we ultimately prevailed in a bench trial. The court dramatically reduced the onerous restrictive covenants EPS sough to enforce, which permitted Dustin to keep working in the only profession he had ever known, and allowed his new employer to proceed as intended with its new Kansas City office.

Electric Power Systems, Inc. v. Dustin Robinson, No. 11AW-CC00046, Circuit Court of Andrew County, Missouri.