Of the following clauses from an employment contract, which clause(s) (if any) c
ID: 340328 • Letter: O
Question
Of the following clauses from an employment contract, which clause(s) (if any) could be successfully challenged by the employee as being illegal/contrary to public policy? 1. Employee agrees that for 10 years after Employee's employment ends with Company, Employee shall not solicit, hire, or otherwise encourage other employees of Company to leave Company 2. Employee agrees that for 1 year after Employee's employment ends with Company, Employee shall not work for any competitor of Company within a five mile radius of Company's headquarters 3. Employee understands that, in the event Employee takes time off for illness, childbirth, etc. under the Family and Medical Leave Act, Employer reserves the right to engage a private investigator to observe Employee in the event that Employer has reasonable suspicion that Employee is abusing FMLA benefits a. Clause 1 only b. Clause 2 only c. Clause 3 only d. All 3 clauses
Explanation / Answer
a. Clause 1 only
The clause 1 is rather an illegal contract, contrary to Public policy and can be successfully challenged by the employee because after the termination of the employee, 10 years’ prohibition of solicitation is not legal. It could only be for a period of one year.
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