Question
8 (restraint of trade)Best Looks is a local hair stylist salon in Staten Island.All employees are required to sign an agreement that they will not
8 (restraint of trade)Best Looks is a local hair stylist salon in Staten Island.All employees are required to sign an agreement that they will not work in hair care, grooming or styling for a period of five years after they leave the employ of Best Looks. Agreement covers the entire state of New York.All employees signed the agreement.In which of the following cases will it be enforced?Explain your reason.
8A.Alice was a whiz at hair color.She could dye hair to look natural and real.Many people called Best Looks and insisted that they have their hair treated by Alice.After working at Best Looks for ten years, Alice installed a barber's chair and sink in her basement and started seeing customers in her home, about two miles from Best Looks.She did not advertise and just got customers from friend's recommendations.There was no sign or marking on her house that she was running a beauty salon.
Can Best Looks enforce the agreement against Alice?
8B.Betty had worked at Best Looks for seven years.She left to have a baby.Four years later she got a job at a salon three miles from Best Looks.
Can Best Looks enforce the agreement against Betty?
8C.Clair had worked as a stylist at Best Looks for three years.After she came to work late and drunk too many times she was fired by Best Looks.She got a job at a hair stylist two blocks away.
Can Best Looks enforce the agreement against Clair?
8D.Alice (question 8A) taught Dawn the skills of dyeing hair.Dawn was very good at coloring and got a job with Miss Clairol (a hair dye manufacturer) to sell their products and show stylists how to better use the product to obtain the desired result.The worked with colorists in their salon to demonstrate methods and techniques on the customers in the shop.She was paid by Miss Clairol and not the shop where she was instructing staff in coloring techniques.
Can Best Looks enforce the agreement against Dawn?
8E.Emily worked at Best Looks cutting hair for eight years.Wanting to get away from New York City she got a job as a stylist in Waterloo, New York (an eight-hour drive from Staten Island)
Can Best Looks enforce the agreement against Emily?
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