Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 2

Krueger worked for Central Indiana Podiatry (CIP) under a series of two-year contracts. Each contract had a clause that said that for two years after leaving CIP, he would not divulge the names of patients or contact them regarding podiatry services or solicit CIP employees. He also was prohibited from practicing podiatry in any county in which CIP had an office or any adjacent county. This encompassed 43 counties, or about the middle half of the state. CIP then began investigating Krueger for sexual harassment, at which point Krueger copied the names and addresses of patients of one of the offices. He was soon fired, and two months later he agreed to work for a practice in one of the counties covered by the CIP terms. He gave the new employer the copied names and addresses of CIP patients and sent out an announcement to them about his new employer and the fact that it was only 10 minutes away. Should the restrictive covenant be enforced? Explain your reasoning.