A sales representative of Softchoice was promoted to the position of branch manager. His promotion was announced and thereafter he was sent a letter, which contained a non-solicitation agreement with a specific statement that the job offer was contingent upon acceptance of the non-solicitation agreement. The employee failed in arguing that he was promoted when he was first informed that he had the branch manger position and therefore the letter could not serve as adequate consideration for a non-solicitation agreement. The Court ruled that he received only an increase in compensation, duties and benefits at the time of signing the formal letter, so this was sufficient consideration, interpreting Minnesota law. Softchoice, Inc. v. Schmidt (Minn. Ct. Ap. 2009)
