Richard Brobston was hired by Insulation Corporation of America (ICA) in 2009 as a territory sales manager but was promoted to national account manager in 2013 and to general manager in 2017. In 2019, ICA was planning to acquire computer-assisted design (CAD) echnology to upgrade its product line. Prior to acquiring this technology, ICA required that Brobston and certain other employees sign employment contracts that contained restrictive covenants or be terminated and changed their employment status to “at-will” employees. These restrictive covenants provided that in the event of Brobston’s termination for any reason, Brobston would not reveal any of ICA’s trade secrets or sales information and would not enter into direct competition with ICA within three hundred miles of Allentown, Pennsylvania, for a period of two years from the date of termination. The purported consideration for Brobston’s agreement was a $2,000 increase in his base salary and proprietary information concerning the CAD system, customers, and pricing.
Brobston signed the proffered employment contract. In October 2019, Brobston became vice president of special products, which included responsibility for sales of the CAD system products as well as other products. Over the course of the next year, Brobston failed in several respects to perform his employment duties properly, and on August 13, 2020, ICA terminated Brobston’s employment. In December 2020, Brobston was hired by a competitor of ICA who was aware of ICA’s restrictive covenants. Can ICA enforce the employment agreement by enjoining Brobston from disclosing proprietary information about ICA and by restraining him from competing with ICA? If so, for what duration and over what geographic area? Explain.