Question
Jerry hired George to be his latex salesman.The written employment agreement provided for a two-year renewable term and a monthly salary of $5,000 per month.The
Jerry hired George to be his latex salesman.The written employment agreement provided for a two-year renewable term and a monthly salary of $5,000 per month.The agreement also has the following non-competition provision:
Limit on Competition.During the Term, and for a period of three months after the scheduled expiration of the Term, George shall not accept employment of any kind that would place him in competition with Jerry.This provision shall be interpreted to mean that George may not sell latex products for anyone other than Jerry in New York, NY during the Term and for three months after the scheduled expiration of the Term.
At the end of the initial Term, Jerry notifies George thathe is not renewing thecontract because George didn't sell any latex products during the two-year term.The next day, George begins work for Newmanium Corp. as a latex salesman in New York.
What action might you advise Jerry to pursue? Briefly explain your reasoning.
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