Werlinger v. Mutual Service Casualty Insurance Co. ( 1993 )

YANDE WALLE, Chief Justice,

concurring specially.

This case does not involve an employee soliciting customers for his or her own business while working for another [See Biever, Drees & Nordell v. Coutts, 305 N.W.2d 33 (N.D.1981); Spectrum Emergency Care v. St. Joseph’s, 479 N.W.2d 848, 853 (N.D.1992) [VandeWalle, J., concurring specially]]. Therefore, I agree with the majority opinion and most of the rationale contained therein.

I continue to believe that agreements prohibiting an employee from soliciting the employee’s clients during the term of the employment are valid, notwithstanding section 9-08-06, NDCC. See, e.g., §§ 34-02-07; 34-02-14, NDCC. I do not construe this opinion nor Spectrum Emergency Care, supra, to hold contrary to that belief.