Subject to the non-compete clause


Question: I am an executive for TNT corp who works in the bottling business. Within your company you use a high tech machine that produces the bottles you sell. One of your project teams just came up with a big idea to modify the machine and cut cost of production. This breakthrough is shared with high-level management.

My company has had a non-compete clause for the last 20 years it has existed. The clause prevents employees from accepting employement from compeditors within the first 5 years after leaving TNT. Signs are posted and the notice is printed on all paystubs accross the comnpany to remeind employees that they are subject to the non-compete clause.

I was just notified that one of my top managers from that project team who created the breakthrough in the machine has a final contract for employement meeting with one of my compeditors. The manager rejects the notion that he is subject to the non-compete clause and maintains it is unenforceable as to him even if it did apply.

Question:

I want to seek an injunction against the meeting between that employee and my competitor. What would happen?

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Business Law and Ethics: Subject to the non-compete clause
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