Question
John J. Williams began working at Delaware Elevator as a branch sales manager in late 2004. The company manufactures components for elevators and installs and
John J. Williams began working at Delaware Elevator as a branch sales manager in late 2004. The company manufactures components for elevators and installs and repairs elevators. It employs 175 people in Maryland, Virginia, Delaware, New Jersey, and Pennsylvania. Williams was based in Wilmington, Delaware. Before he began work, Williams signed a noncompete that stated that for three years after the termination of his employment, he "shall not, within a radius of one hundred (100) miles of any Delaware Elevator, Inc.'s office, directly or indirectly, enter into or carry on as owner, employee or otherwise a business or businesses that compete with the [Employer] or in any manner engage in competition with Employer." After working at Delaware Elevator for about five years, he resigned and formed his own competing elevator maintenance and repair business. Is the noncompete enforceable? If not, how should it be revised to ensure enforceability? Delaware Elevator, Inc. v. Williams, 2011 WL 1135080 (Mar. 16, 2011).
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