Carl was employed as a landscape designer with Splendid Gardens Landscape and Design firm in Escondido, California. He signed an agreement with a covenant not to compete provision when he was hired 2 years ago. The agreement states that Carl cannot work in Splendid’s territory for 1 year after his employment ends. The agreement stipulates that Splendid’s territory constitutes a 30 mile radius of Escondido.
Carl wants to take a new position with Harold’s Garden in Poway, California which is approximately 15 miles away. The agreement also includes protection for Splendid’s valuable trade secrets, including its list of clients.
a. Carl can take the job because he did not understand the consequences of the covenant not to compete clause.
b. Carl can take the job because the covenant not to compete is unenforceable.
c. Carl cannot take the job if the geographical and time restrictions are deemed to be reasonable by the courts.
d. None of the above