William, a father of 4, finally found a job after seven months of being unemployed. He became employed as a salesperson for CopyPlus, a copier store. William was informed that if he worked at CoRxPlus for one year he would receive a bonus of $10,000 assuming he sold at least 15 copiers over that gue year period. William was excited to get a job and entered into a contract with the copier company. William’s contract contained a restrictive covenant. The restrictive covenant clause at issue reads as follows:
(a) Restrictions. During the term of and for two years following the termination of this Agreement, William shall not solicit any customer of nor solicit referrals from any referral source of CopyPlus.
(b) During the term of this agreement, in the event of termination, then for a period of two (2) years from date of termination,William shall not work within a ten (10) mile radius of any Corylus store existing at the time of termination.
William was a natural salesman and sold 20 copiers in his first nine months with the company. During the tenth month of his employment, William’s three year old son was hit by a car. William was so distraught by the incident that he failed to call in to work for three straight working days. William called in on the fourth day to explain what happened, but his boss told him he had already hired someone else and informed William his employment at Copy Plus was terminated. William asked if he could go ahead and get his bonus and his boss said no.
Fortunately, William’s son recovered but his sons medical bills were over 100.000… Not knowing how he was going to pay those bills, William soon found other employment at Copies R US, 8 miles down the road from Copy Plus. When Copy Plus learned that William was working with Copies R US, it filed an injunction against William and asked the court to stop William from working at Copies R US.
Will the court enforce the injunction and order William to stop working at Copies R US. Why or Why not?
5 Legal Scenario Reading 9: Privacy Part 2
Janice had a supervisory position for a company located in Portland, Oregon. After Covid hit, she was required to work at home. Because of the nature of her work, she had to share multiple documents using a application known as Sharefile.
Janice’s Sharefile account was private, but her company allowed her to use it for work purposes as well, so her account contained both personal and work related folders including some personal photographs. Two of the these photographs could be considered as borderline explicit and portrayed her in non-work and not particularly flattering settings that showed her after she had a few drinks.
While her Sharefile account was private, her user name and password was listed on an excel spreadsheet where she kept all her login information for all her accounts. An IT or technology employee knew about the spreadsheet and used her password and account to login to her Sharefile account. When he saw the photographs he shared them with his supervisor who shared them with the president of the company.
Janice was then fired. She filed suit for various causes of actions including a violation of her privacy. Will Janice win her lawsuit? Why or why not?
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