In Deciding Whether or Not a Non-Competition Clause Is Enforceable,a

question 61

Multiple Choice

In deciding whether or not a non-competition clause is enforceable,a court will

• A)examine only the terms of the parties' agreement and not the likely effect of that agreement.
• B)enforce the clause only if the former employee received independent legal advice before signing the agreement.
• C)be influenced by the employer's personal interests but not by its proprietary interests.
• D)be less likely to enforce the clause if the employer could have been sufficiently protected by a non-solicitation clause.
• E)not be influenced by the fact that the employer wrongfully terminated the employee's contract of employment.

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Definitions:

Benefits

Advantages or positive outcomes gained from actions, decisions, or policies.

Adjustment Issues

Psychological difficulties in adapting to new or changing environments, situations, or life stages.

Parents Divorce

The legal termination of a marital relationship involving parents, which can have various emotional and psychological impacts on their children.

Psychosocial Development

(1) Pattern of change in emotions, personality, and social relationships. (2) In Erikson’s eight-stage theory, the socially and culturally influenced process of development of the ego, or self.