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I have a situation and there are six questions about it. Please I need the correct answer of these questions because I need it for my final exam. Please make sure your answers are numbered for each question

The situation is
Fact for 1_6

Chic Cuts, a Brooklyn hair care salon requires all its employees to sign an agreement that they will not work in any job or trade that involves hair care or personal grooming for five years anywhere in New York State. All employees in the salon singed before they started working there.

1_Alice, a stylist, quit Chic Cuts and stared working at another salon five blocks away. Is there any thing that Chic Cuts can legally do to Alice? What? Explain

2_Barbara has answered the phones and made all the appointments for patrons of Chic Cuts. She was hired by a salon on the next block and started there the day after she left Chic Cuts. Is there anything that Chic Cuts can legally do to Barbara? What? Explain

3_Claudia lived ten blocks from Chic Cuts. She worked as a stylist in Chic Cuts three days a week. She put a beauty shop set _up (barber’s chair, sink, mirror, hair dryer etc.) in her basement. On the days she was not at Chic Cuts she did haircuts and styling in her basement. She did not advertise in any way, except word of mouth. Is there anything that Chic Cuts can legally do Claudia? What? Explain.

4_ Dawn came to work one day drunk, spilled chemical on a co-worker and damaged a patron’s hair. The manager fired her. She got a job as a stylist three week later at a salon less than ½ mile away. Is there anything that Chic Cuts can legally do to Dawn? What? Explain.

5_Ellen, a stylist, left Chic Cuts to return to college. After she graduated she started working weekends at a salon three blocks away from Chic Cuts. It was over three years between the time she left Chic cuts and the time she started at the new salon. Is there anything that Chic cuts can legally do to Ellen? What? Explain.

6_Fran, a stylist quit Chic Cuts, moved to Watertown (415 miles from Brooklyn) and got a job as a stylist in a salon in Watertown six weeks after she left Chic Cuts. Is there anything that Chic Cuts can legally do to Fran? What? Explain.

Optional Information:
Brooklyn, New York

Customer (name blocked for privacy)

Wonfee:

The answers for 1,2,3, and 4 are pretty much the same.

Chic Cuts had all employees sign a non-compete agreement and can file suit to enforce the agreement.

Whether you quit or are fired, a non-compete agreement will bind you to not work for another salon or open a salon that is in competiton with Chic Cuts.

Chic Cuts' non-compete agreement is not reasonable, however, because a term of 5 years anywhere in the state of NY means they are completely forbidding a person from earning a living in their chosen profession. However, an employer can negotiate with employees to prevent employees from learning about their business and then leaving and causing harm to their old employer by stealing clients. Because in questions 1,2,3, and 4 all employees went to work for salons right near Chic Cuts or opened a salon right near Chic Cuts (even in a basement this business is competing), although the Chic Cuts non-compete agreement is unreasonable in the number of years and the geographic location it covers, the court can modify it to be reasonable, say to an area within 5 miles of Chic Cuts and for a term of 1 year. So, because Alice, Barbara, Claudia, and Dawn all got jobs within days of quiting or being fired, or tried to compete with Chic Cuts within blocks of it, Chic Cuts will likely be able to use the non-compete agreement to stop them. With Claudia, even if she did not advertise she breached the non-compete and Chic Cuts can also try to close her down if she failed to obtain proper permits or licenses to open the salon in her basement. As for Dawn, Chic Cuts can sue her for negligence for her actions.

Questions 5

Because although the non-compete agreement was for 5 years and covered the entire state of NY, it will likely be found unconscionable and be altered by the court to be more reasonable. However, to hold Ellen to this agreement, even after the court can modify it to say 1 year and 5 miles surrounding Chic Cuts would still make Ellen free from the terms of the agreement after a period of say 4 years (average college term). Chic Cuts cannot prevent Ellen from working for the nearby salon.

Question 6

Again, the non-compete agreement is too long in years and covers too much geographic area than it needs to in order to serve its purposes of protecting Chic Cuts. Because the court will likely modify the non-compete agreement to no more than 1 year and perhaps 5 miles from Chic Cuts, Fran will be able to take a job in Watertown.

Please let me know if you need more detail for each question.

PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.

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