Question
Sharp Eyes (SE) is an optical care center.They provide optometry care and sell eyeglasses and contact lenses.SE requires all employees to sign an agreement that
Sharp Eyes (SE) is an optical care center.They provide optometry care and sell eyeglasses and contact lenses.SE requires all employees to sign an agreement that they will not work in any business that provides optometry care or sells eyeglasses or contact lenses.This restriction covers Brooklyn for the next five years.All employees except Dr. Daisy signed the agreement their first day at SE.Dr. Daisy never signed it.
3a. Dr. Adam, an optometrist worked at SE for five years and left them to get a job at Kings County School of Optometry.The school is in Kings County Hospital in Brooklyn.Dr. Adam will be working with optometry students teaching all phases of eye care.Can SE use the agreement to prevent Dr. Adam from teaching at Kings County?
3b. Dr. Birch installed an optometry office in his home in Brooklyn, about five miles from SE.Dr. Birch started seeing patients at home and on weekends in his own office.Can SE stop Dr. Birch from seeing/treating patients in his own home.?
3c. Dr. Cedar was watching her child play in a little league game.One of the players was hit in the eye with a ball and injured.Dr. Cedar treated the player at the scene and provided follow-up care until the player was completely healed.Dr. Cedar billed the player and was paid for the services rendered.Can SE force Dr. Cedar to turn over any money collected to SE?
3d. Dr. Daisy was very unhappy working at SE and decided to open his own office.For about six months he took a picture with his cell phone of every patient's medical information card.Card had name, address, phone number, date of birth, insurance information and medical history.After collecting all this information, he quit SE and opened his own office.He sent notices to all his patients at SE informing them of the new office, hours and location.What are SE's rights, if any against Dr. Daisy who never signed the agreement?
3e. Dr. Elmo was a licensed optometrist in Canada.He did not have a license to practice in New York.SE was aware of this when they hired him.Dr. Elmo had an argument with the office manager at SE and quit.He sued SE for his last paycheck which he never received.Who will win this case, Dr. Elmo or SE?
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