Jackson was an oral surgeon for 25 years and was looking for new associate so hired Thomas. The contract had a restrictive covenant for non-competition within 5 miles for 3 years. Thomas leaves practice after 17 months. Within 6 months of leaving Thomas opened own office in breach of a non-competition clause in the employment contract (3.7 miles away). Jackson brings an action for damages for breaching non-competition clause.

Question: Lets say that you are the judge of the case, would you consider the restrictive covenant reasonable and thus enforceable, or not? Was the non-competition clause the most appropriate restrictive covenant for this case?

4:35 LEARNING ACTIVITY 9