Judicial Public Policy Flashcards
Rule regarding “non-compete clauses” from Hopper v. All Pet Animal Clinic
The court will uphold non-compete clauses as long as they are limited and good for public policy. But they must be reasonable in terms of scope, duration, and geography.
How does the court limit non-compete clauses?
They must be reasonable in terms of scope, duration, and geography. Duration is probably limited to 1 year or less.
Geography must be limited in location as well. Can’t limit the person to not work in the field in the whole country or state.
Scope must be limited to the activity. If the person worked for a dog clinic, can’t make it so they can’t work on cats after they leave.
Does the reasonableness of a non-compete clause go to a judge or jury to determine its reasonableness?
A judge
What is the rule for At-will employment in general?
An employee can quit or be fired for almost any reason as long as they are not a protected class and fired because of that class or because of their reporting of non-compliance.
What is the rule from Sheets v. Teddy’s Frosted Foods for compliance with rules and reporting those rules?
An employee cannot be fired for complying with a statute and reporting that statute to their superiors. If the person is fired in this situation, the employer must show proof as to why the employee was fired.
What is the rule about prenuptial agreements from Simeone v. Simeone?
“A prenuptial agreement is valid if it either made a reasonable provision for the spouse or was entered after a full and fair disclosure of the general financial positions of the parties and the statutory rights that have been relinquished.”
General Rule from Simeone v. Simeone about full disclosure in contracting?
For a contract to be valid requires full disclosure of what the contract entails, the rights being relinquished, and the rights being received. As well as, the full information about the parties.
