Don Has an Employment Contract with Dunkirk Ice Cream

question 66

Multiple Choice

Don has an employment contract with Dunkirk Ice Cream. He sells ice cream and novelty ice cream products. He has nine children and doesn't make enough money, so he decides to see if another dairy will hire him, too. "After all," he reasons, "most stores carry four or five different brands." His employment contract prohibits him from competing. If Don sells for another dairy in addition to Dunkirk, will he be in trouble under his contract?

• A) No, it is unenforceable as against public policy.
• B) Yes, it is likely to be enforceable during employment.
• C) No, the prohibition against competing is enforceable only after he quits Dunkirk.
• D) A court would have to rule on the enforceability of the covenant not to compete since courts are reluctant to enforce such covenants during a period of employment.

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