ABC Corp. hired Wolfgang to fill the position of an accountant. ABC is in the recycling business and operates only in New York C
ity. Wolfgang signed an employment contract that contained a non-compete provision. This provision states that Wolfgang will not work for another recycling company for six years anywhere in the State of New York. After five years Wolfgang quit and accepted a position with a recycling company in Buffalo N.Y., four hundred miles away from N.Y. City. ABC is suing Wolfgang to enforce the non-compete agreement. The likely outcome of this lawsuit is:
a. Wolfgang will win, because this non-compete agreement is not reasonable.
b. Wolfgang will win, because non-compete agreements that are part of employment contracts are never enforced.
c. Wolfgang will lose, because this non-compete agreement is reasonable.
d. Wolfgang will lose, because public policy requires the general enforceability of non-compete agreements.
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I believe the federal government is responsible, but it could also be at the state level.
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