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1. wneeter aecurity, mres L010 as a salespersommanager to ner expano its security business in the bi-state region of Missouri and Illinois. Cole signs a

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1. wneeter aecurity, mres L010 as a salespersommanager to ner expano its security business in the bi-state region of Missouri and Illinois. Cole signs a 3 year employment contract starting on January 1, 2015 and ending on December 31, 201?, at $2,000 per week that includes a nonwcompete clause prohibiting him from competing with Wheeler during the course of the employment and after the employment for four years, as well as a non~solicitation clause that prohibits him from trying solicit any of Wheeler's existing customers and any potential customers that Wheeler has contacted during his employment throughout the Midwest. Cole works for one year, then tells Wheeler that he has an offer of employment at $2,500 per week at another rm that doesn't directly compete with Wheeler Security, starting immediately. Cole offers to continue working for Wheeler until December 31, 201?, with the same non-compete clause and non- solicitation clauses at a salary of $2,500 per week. Cole has done well as a salespersoul'manager in growing Wheeler's business, so Wheeler grudgingly accepts this proposal. Is this new contract enforceable? What if Cole works for one year, then resigns from Wheeler's employ, and opens his own security firm and begins contacting Wheeler's actual customers and potential customers in the Bi-State region and in the larger Midwest area? Wheeler sues Cole and his company. In this lawsuit to determine whether or not Cole may compete with Wheeler, are the restrictive covenants in the employment contract valid and enforceable? What are the factors that the trial court should consider? Discuss those factors. 'What could the trial court do? What should it do? Does it make a difference if Cole waited unu'l January 2010 to start his own security firm? Be sure to explain your answers

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