Non-compete agreements are a particularly important issue in today’s business world. Three trends that make non-competes especially important in the current business environment are a change in the definition of competition, the lack of employee loyalty, and the importance of relationship-based selling. As long as these agreements are done according to state law, they can be enforceable in the court of law. Any company that believes it has a competitive lead should consider using non-competes
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2. The territory restrictions are unreasonable The territory restrictions of Pete Palmer’s employment agreement state that the employee will not be employed in the counties of Fulton, DeKalb, Gwinnet, Cobb, Clayton, and Athens-Clarke, Georgia, or at any radio station within 100 miles of WBLR. According to Ga. Code. Ann § 13-8-56: [A] geographic territory which includes the areas in which the employer does business at any time during the parties' relationship, even if not known at the time of entry
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state in June 2005. She has been offered different jobs before, but Dr. Elizabeth concluded by choosing Neurology Associates LLP because of the interval between her home and family. The employment agreement, signed by Dr.Elizabeth, included detailed clauses of compensation terms, vacation, on all duties and fringe benefit package. NA agreed to pay $1,000 for the course that was designed to help prepare future candidates for the test, such as for Dr. Elizabeth Blackwell. Immediately after hiring Dr
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1. For each of the following agreements, explain fully: a) whether the mistake was mutual or unilateral; b) whether the mistake involved a material term of the contract; c) whether the fairness of the situation would be grounds for arguing that enforcement of the contract was unconscionable; and d) whether the customer could seek to void the contract on the basis of mutual mistake. (Remember: define mutual/unilateral mistake, identify material terms, discuss fairness and/or unconscionable
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BARKLAY SHARED SERVICES NOIDA (UP) Vs TONY WILLIAM. 17 June 2012 BUSINESS LAW ASSIGNMENT Table of Contents BUSINESS LAW ASSIGNMENT 1 CASE: BARKLAY SHARED SERVICES NOIDA (UP) Vs TONY WILLIAM. 17 June 2012 1 1. FACTS 3 2. LAW 4 2.1 NON COMPETE CLAUSE (DETAILED) 4 2.1.1.PERIODIC 4 2.1.2. GEOGRAPHICAL 4 2.2 MISREPRESENTATION 4 3. ISSUES 4 3.1. 4 3.2. 4 3.3. 4 4. PRINCIPAL 5 4.1 Case: Business Intelligence Services, Inc. v. Carole Hudson 5 4.1.1Facts 5 4.1.2 Issue 5
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Consider the following scenario: Southwest Industries, Inc. is a corporation that provides technical services. Suppose Mike Youngblood and TDI Technical Services are Southwest’s former Vice President of Operations and Southwest's competitor, respectively. On June 26, 1999, Youngblood signed an employment contract with Southwest to work as a recruiter making $29.50 per hour. The contract contained a noncompetition agreement preventing Youngblood from working for a competitor of Southwest for
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| How to Protect Trade Secrets in the Workplace | Business Law Research Paper | Anthony Arrieta 11-27-2015 | Trade secrets First let’s address what a “trade secret” is. It is very hard to get an exact definition of what these are but trade secrets have characteristics which most state statutes or common law recognize. They are: * Secrecy * Security * The value of the Information, and * Ease of Duplication A customer list is a classic example of information that might
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Pat tells Chris that an exciting concert is coming to town, and he will spend $40 a ticket if Chris will go to the concert with him. Chris is excited, and she tells Pat that she will attend the concert with him and that he can pick her up at her place at eight o’clock the evening of the concert. Pat goes to pick Chris up and finds no one at home. Too embarrassed to attend the concert by himself, he goes home. Worried that something may have happened to Chris, he tries to reach her by telephone. The
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The Relationship between Principals and Agents in Business BUS311: Business Law I (BNJ1151A) Prof. Samantha Hodapp January 30, 2012 The Relationship between Principals and Agents in Business The relationship between a prinicipal and agent in business can and have been great; benefitting both parties involved while providing the best services or products to the consumer. Many businesses, or prinicipals, use an agent, such as an employee or sales representative, to represent the business when
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B. Reasonableness requirements The court will likely find the duration and geographic scope of the non-compete agreement to be reasonable. Both the duration and the geographic scope must be reasonable for the non-compete to be enforced. Nat'l Graphics Co. v. Dilley, 681 P.2d 546 (Colo. App. 1984). Five year non-competes have been enforced by the courts regularly. Despite the fact 150-mile restriction is outside the 100-mile default range typically enforced by the courts, Betty Crockette is a unique
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