For each of the following three case problems prepare a typed response including the following:

1. Highlight the pertinent facts;

2. Identify the issue of law and/or fact posed by the case problem;

3. What should be the decision in the case?

4. The reasoning for such decision.

Defendant is an Indiana resident, who briefly held the position of Vice President of Sales and Marketing while employed at P Products. He is 59 years old and has been in the plastics industry for 25 years. R Plastics is an Ohio Corporation now employing defendant in a management position. Plaintiff P Products, a Michigan corporation, and R Plastics are both in the plastics industry. The employment contract in controversy was entered into between defendant and plaintiff on November 18, 1991 and contained a clause prohibiting former employees from competing against plaintiff for a period of one year after termination of employment with plaintiff. On December 3, 1996, defendant was released from his employment at P Products and soon after began employment with R Plastics.

The plaintiff contends that this was a breach of its former employment contracts covenant not to compete, that defendant has converted and continues to convert plaintiffs property and trade secrets, and that he has made derogatory remarks regarding plaintiff to its customers and the general public. The plaintiff argues that defendants breach of contract causes irreparable harm to it through the disclosure of confidential information, the loss of client confidence, loss of goodwill, and loss of business reputation. The plaintiff seeks a preliminary injunction requiring defendant to cease his employment with R Plastics until the one-year time period required by the contract has expired, an injunction restraining defendant from working for any other competitor during the one year period, and damages originally in the amount of $80,000.