Question
Need help with 3 questions from the following scenario: I have attempted to answer these questions but just want to make sure I'm on the
Need help with 3 questions from the following scenario: I have attempted to answer these questions but just want to make sure I'm on the right track.
James Sanders began working as a horticulturist for Donovan's Landscaping on 01-03-2013. When he was hired, he was provided with an employment contract that stated he would remain employed until 01-03-2015 (two years) and could only be termed prior to that for "just cause". Sanders was to be paid a salary of $43k per year.
On 01-23-2013 Donavan's owner, Donavan Keegan informed Sanders that he needed to sign a "non-competition and confidentiality agreement" and if he did not, he would be termed. When this was first presented to Sanders, he did not want to sign it. However, he reconsidered due to fear of termination and being unemployed, he signed the agreement.
Agreement details:
The signer will be employed for a period of two years from the termination of such employment relationship, the employee shall not:
1.Carry on or engage in a business similar to the Company's business with any customer and /or leads of the company in any of the listed Texas counties, or in any parts thereof specified in territory.
2.Engage or participate, directly or indirectly, whether as an owner, operator proprietor, partner, joint venture, employer, employee, consultant, officer or agent, or beneficiary or record holder of more than one percent of the stock, in any business that carries on or engages in a business similar to the company's business and provides or seeks to provide a service similar to that provided by the company to any customer and/or lead of the company within the territory. The territories consist of Harris county, Forth bend, Galveston, Liberty, Wailer, and Chambers County.
The employee shall not be allowed to compete against the company with any customer and/or lead of the company within the territory in the business of contracting and providing commercial, industrial and residential landscaping, irrigation, and maintenance services. The Employee can, however work for a competing business in the territory so long as he/she does not pursue the company's customers and/or leads.
Sanders Job detail:
Sanders job was to identify plants that would be good fits for all of the projects Donovan's worked on. He must research the areas where the projects were, research plants which would thrive in those areas, and make recommendations to the project superintendents and the superintendents would make the final determinations. Sanders did not supervise and employees and regularly worked 55 hours per week.
One of Donovan's biggest customers was the federal government and Sanders was working on a project for the new Veterans Administration Hospital being built. Sanders noticed that Donovan's was double billing the government for many of the plants he was selecting. In order to prove his allegation, Sanders left a running tape recorder in the truck of his manager when the manager left to go to lunch. During the ride, the manager joked with another Donovan's employee about the scheme to defraud the government. When the manager returned to the work site, Sanders went into the truck and picked up the recorder. To be clear, Sanders was not in the truck when the recording was made.
As a good citizen, Sanders sent the recording to the government's inspector general which, in turn prompted the VA to terminate its contract with Donovan's. Because of the slowdown in work associated with losing this project, Donovan's termed Sanders on 03-15-2014.
One week later, Sanders became an independent contractor for Ted's Landscaping. His job details there was identical to the one filled with at Donovan's and he worked no more than 30 hours per week. Ted's was a small company with only 57 employees. When Sanders began with Ted's the VA contacted him and asked if Ted's would like to bid on the project Donovan's was terminated from. Sanders forwarded the call to the manager of Ted's and ultimately Ted's company got the project.
Since Sanders knew so much about the VA project, Ted assigned Sanders to work on it beginning on 03-25-2015. Ted knew that one of Donovan's managers (Timothy Walberg) was still working on the project as part of a wind-up period and that Walberg was upset with Sanders. Walberg had a history of workplace violence having punched four previous employees during his 3-year work history at Ted's. When Green showed up on the job site, Walberg approached Sanders and punched him in the face shattering his right eye socket.
Need help with the following questions:
1.Donovan has informed Sanders that he is suing him for breaching his non-competition and confidentiality agreement by accepting the position with the company. Give the reasons why this a strong claim.
2.Sanders was upset because of being sued by Donovan's he decided to countersue. Name three claims Sanders might have against Donovan's and provide the merits of each claim.
Sanders attorney has also decided to assert claims against Timothy Walberg, Donovan Keegan and Ted's Landscaping for the injury Sanders sustained on account of Walberg punching him in the face. What is the claims Sanders have against all: Walberg, Donovan, and Ted's stemming from this incident?
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