Ikon Office Solutions, Inc. v. American Office Products, Inc.

MEMORANDUM *

Ikon Office Solutions, Inc. (“Ikon”) appeals the magistrate judge’s grant of summary judgment in favor of American Office *379 Products, Inc., Larry Bradley, Lesa Bergey, and Craig Knouf (together “Appellees”). Appellees cross-appeal the magistrate judge’s denial of attorney fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm both rulings. The parties are familiar with the facts, and we will not review them here.

I. Ikon’s Appeal

The district court correctly concluded Ikon could not enforce its noncompetition agreements against Bergey or Bradley. Bergey’s written noncompetition agreement was invalid because she did not sign it until several days after she began her employment with Ikon. 1 Additionally, nothing in the record suggests that Bergey orally agreed to a noncompetition agreement upon her initial employment with Ikon. 2 Therefore, Ikon cannot assert its noncompetition agreement against Bergey.

Ikon cannot assert a noncompetition agreement against Bradley either. Assuming that Bradley’s noncompetition agreement was valid, Ikon waived its right to assert the agreement. 3 Ikon’s human resources department said that Bradley did not have a…