Asked by Isabella Huynh on Jul 23, 2024

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In general, the courts are reluctant to place any impediment in the way of a person seeking employment. As a consequence, a restrictive covenant in a contract of employment will not be enforced unless serious injury to the employer can be clearly demonstrated.

Restrictive Covenant

A clause in a deed or lease that limits what the owner of the property can do with it, often to ensure the use aligns with certain criteria or standards.

Employment

The relationship between an employer and an employee where the employee performs work under certain conditions in exchange for remuneration.

Enforced

refers to the act of compelling compliance or obedience to a law, rule, or obligation.

  • Analyze contractual issues pertaining to employment, including restrictive covenants.
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Gabriel CababaoJul 25, 2024
Final Answer :
True
Explanation :
Courts typically balance the employer's need to protect their legitimate business interests with the individual's right to work and earn a living. Therefore, a restrictive covenant (such as a non-compete clause) will only be enforced if it is deemed necessary to prevent serious harm to the employer's business, and if it is reasonable in scope, geography, and duration.