Esther Was an Employee of Serve U Right Inc

Multiple Choice

Esther was an employee of Serve U Right Inc. which created customized computer programs for clients. Esther was one of only two people in Canada who knew the new language, Jolted Java, just released by Microtext Ltd., which she learned while employed at Serve U Right. Esther approached management requesting an increase in salary to reflect her skills and was told that her acquiring a new language while employed by them was sufficient compensation. Esther indicated that she would look elsewhere and she was reminded that her employment contract contained a confidentiality clause. If Esther were to leave her employment and go to work for the other company, using this language, Serve U Right would:

A) Be able to successfully stop her re-employment with their competitor for beach of the confidentiality clause.
B) Not be successful as the courts will not stop individuals from applying their skills in earning a living.
C) Be able to successfully stop Esther from leaving their employment as she has a contract and is a key employee.
D) Not be successful in stopping Esther from leaving but could stop her from working for the competition for a reasonable time or until the new language is in more general use.
E) Be able to successfully stop her re-employment on the basis of general equitable principles protecting confidential information.