Ewing was employed by Presto-X-Co., a pest exterminator. His contract of employm

Question

Ewing was employed by Presto-X-Co., a pest exterminator. His contract of employment specified that he would not solicit or attempt to solicit customers of Presto-X for two years after the termination of his employment. After working several years was terminated. Ewing then sent a letter to customers of Presto-X stating that he no longer worked for Presto-x and that he was still certified by the state. Ewing set forth his home address and phone number, which the customers not previously have. The letter ended with the statement, " I thank you for your business throughout the past years". Presto-X brought an action to enjoin Ewing from sending such letters. He raised the defense that he was prohibited only from soliciting and there was nothing in the letters that constituted a seeking of customers. Decide. What ethical values are involved?

Explanation / Answer

While Ewing was not explicitly seeking customers, this is clearly an example of implicit solicitation. In his communication, he states that he is certified by the state to provide the services he used to provide when he was with the company. He has no business doing so, if he kept the contract in good faith. There was no need of communicating his home address and phone number if he did not expect them to contact as and when needed. If the intention was only of thanking the customers, he could have done so

The ethical values involved are the honoring of a contract and loyalty towards an employer.

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