Masud, a high-tech employee of Global Tech, signs a covenant not to compete with the firm in which Masud promises not to work for a competitor of Global if and when he leaves the company’s employ for any reason

| March 14, 2016

Question
1. Masud, a high-tech employee of Global Tech, signs a covenant not to compete with the firm in which Masud promises not to work for a competitor of Global if and when he leaves the company’s employ for any reason. This promise can be best characterized as:

a. Unenforceable since it is a restraint of trade.

b. Unenforceable in most states if Masud is a single-parent and got laid-off through no fault of his own when his job was outsourced to India.

c. Enforceable but only if Global pays Masud severance for six months in accordance with the federal Family Medical Leave Act.

d. Enforceable if the time period and the duration of the covenant are reasonable and Masud had access to confidential proprietary information.

2. Gil sends a letter to Holly in which he falsely accuses her of embezzling. This is defamation if the letter is read by

a. a public figure.

b. any third person.

c. Holly.

d. only Holly’s employer or a potential employer.

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