(dissenting).
I dissent. The majority correctly concludes that the trial court erred in finding that the appellant employer abandoned its right to rely on the covenant not to compete. It is wrong, however, in thereafter concluding that the covenant is otherwise unenforceable.
Appellee’s status and job responsibilities in appellant’s business were such that because of his lead sales role he had the potential to establish relationships with customers of appellant which could be used to appellant’s disadvantage if he left his employment to enter into competition with appellant. This potential for damaging appellant’s business justifies the exaction of the covenant not to compete and justifies the court’s enforcement of the covenant, as written, as against appellee’s competitive activities. I would reverse the trial court and grant injunctive relief to the appellant for the period specified in the covenant.