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MMLU-Pro / 1767 / An employer and employee had an employment contract that contained an "at will"…

Problem

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question

An employer and employee had an employment contract that contained an "at will" provision allowing either party to terminate the employment upon reasonable notice. One year later, the employer had the employee sign a covenant not to compete for a two-year period after termination. Two years later, the employee quit and went to work for a competitor company. The prior employer sued, asking for a preliminary injunction to enforce the covenant. The employee argued that the covenant was invalid because no consideration passed to her €“ she could be fired at any time and did not receive anything for signing. The employer argued that it provided her with continued employment when it did not have to do so. Does the employer have a legal right to enforce the covenant?

category

law

options

  1. No, because there was inadequate consideration for the covenant.
  2. No, because the employee didn't receive additional compensation for the covenant.
  3. Yes, because the employer's providing of continued employment for a substantial period after signing the covenant is adequate consideration.
  4. Yes, because the covenant was signed voluntarily by the employee.
  5. No, because the "at will" provision in the initial contract negates the enforceability of the covenant.
  6. Yes, because the employer has a right to protect its business interests.
  7. Yes, because the courts never question the adequacy of consideration in an agreement.
  8. Yes, because modification of an existing contract does not require consideration.
  9. Yes, because the covenant was part of the original employment contract.
  10. No, because the covenant is unreasonable and therefore unenforceable.

src

ori_mmlu-professional_law

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