Burton argues that the various intermediate contracts concluded in the chain between Aerotek and Storage Technologies are intended to modify or dilute Aerotek`s protective interest.2 However, Burton and Aerotek are not parties to those other contracts. The contract between Burton and Aerotek clearly provides for the agreed damages in the event that, within 180 days of the termination of its employment relationship with Aerotek, Burton engages in a similar occupation or employment in “an establishment to which [Burton] has provided or has actually provided services under this Agreement”. This court will apply clear contractual language as amended. ==Geg. F.W. Woolworth Co. v. The damages agreed by Burton under its agreements are only about half of that amount – eight weeks of work. Aerotek and Beacon Hill work in the human resources sector and provide temporary and contract agents to work for clients or clients. You employ staff in customer distribution (“Account Manager”) and in the recruitment of candidates to meet the needs of customers (“recruiters”). At Aerotek, Murphy was first a recruiter and was promoted to account manager.
He signed an agreement under which he undertook not to recruit other Aerotek agents for a period of 18 months from the termination of the employment contract, nor to attempt to recruit them and not to compete with Aerotek in a new position in the personnel sector. In interpreting a contractual provision, a court gives its ordinary meaning under that provision and the intention of the parties must be inferred from the provision at issue and the contract must be considered as a whole. . . .