Facts
[X. AG] , headquartered in St. Gallen, is active in management consulting and personnel selection/placement. It hired [A.] as a management consultant, with the employment contract containing a two-year non-compete clause after termination of the employment relationship. After the employment relationship was dissolved on 31 August 2008, [A.] founded a sole proprietorship with similar activities on 15 September 2008. [X. AG] subsequently filed a lawsuit for payment of the agreed contractual penalty of CHF 100,000.--. The lower instances upheld the claim.Considerations
The DFC upheld the judgments of the lower instances. It stated that the lower instance had rightly considered the non-compete clause to be valid. The rejection of the evidence requested by the appellant was also not objectionable, as it did not meet the requirements of the cantonal procedural law. With…