Explore BrainMass
Share

Jan works in a sandwich shop run by Amy. Amy makes Jan sign

This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

Jan works in a sandwich shop run by Amy. Amy makes Jan sign a noncompete contract that states if Jan quits, she is not to engage in a similar business within a three state radius of Amy's business for 5 years. Is this contract legal and enforceable? Why or why not? If the agreement is not enforceable, how might Jan and Amy restructure it to increase its chances of being legal?

© BrainMass Inc. brainmass.com March 21, 2019, 10:58 pm ad1c9bdddf
https://brainmass.com/business/business-law/jan-works-in-a-sandwich-shop-run-by-amy-amy-makes-jan-sign-439855

Solution Preview

The non-compete agreement that Amy had Jan sign is not legal as written, but can be rewritten to make it legal and enforceable. A court of law considers a non-compete agreement to be valid in the majority of cases if three criteria are met, including 1) the employer has proven that they have a legitimate business interest in protecting their business by stipulating that employees not compete with ...

Solution Summary

Jan works in a sandwich shop run by Amy. Amy makes Jan sign a noncompete contract that states if Jan quits, she is not to engage in a similar business within a three state radius of Amy's business for 5 years. Is this contract legal and enforceable? Why or why not? If the agreement is not enforceable, how might Jan and Amy restructure it to increase its chances of being legal?

$2.19