Ballard v. El Dorado Tire Co.

512 F.2d 901 (5th Cir. 1975)

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Nature of the Case

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Facts

El Dorado Tire Co. (D) hired Ballard (P) to work for a five-year term as Executive Vice President and General Manager of their Florida operation under written contract. P's compensation included a salary, commissions, pension, and stock options. The contract also contained a noncompete clause that prevented P from working for D's competitors within the state for two years after termination. D sold all its Florida stock to Dodenhoff, who terminated P. P sued D to determine his rights under the contract. The trial court held that P was entitled to damages for loss of salary but not for the loss of pension and stock benefits. D appealed; the trial court did not mitigate P's damages by what P could have earned had he sought employment. P appealed the denial of his pension and stock benefits and argued that damages could only be mitigated if D proved that similar employment opportunities were available.