A former employee brought action against his former employer, a
construction products manufacturer business, seeking declaratory judgment that
noncompete clause was unenforceable, and damages for tortious interference with a
business relationship, breach of contract, and violation of state "blacklisting"
statute. Former employee also asserted a defamation claim against his former
supervisor. Employer counterclaimed, alleging breach of contract and violation of
trade secrets, and asserted a third-party claim against former employee's newly
formed business, alleging tortious interference. The Circuit Court, Hamilton
County, Judith S. Proffit, J., entered summary judgment against former employee on
all claims. Former employee appealed.

Holdings: The Court of Appeals, Bradford, J., held that:

(1) employee did not breach covenant not to compete with employer by competing
with employer's subsidiary;

(2) employee was not constructively discharged so as to form the basis of a
wrongful discharge claim;

(3) statement from former supervisor was slanderous per se so as to create
triable defamation claim; and

(4) a triable issue existed as to whether former employee was damaged by

employer's alleged tortious interference with business relationships.

Affirmed in part, reversed in part, and remanded with instructions.

Crone, J., filed an opinion concurring in part and dissenting in part.