Garrett Augustus Morgan, Lewis Howard Latimore, and George Washington Carver are partners in a business called NventionsMLC. In 2017, Sterling Archer and Lana Kane were hired to develop and procure opportunities for the company's inventions to be purchased by other businesses. Although final sales decisions are made by Lewis Latimore in accordance with the partnership agreement, both Archer and Lane can earn commissions on sales generated by their work.As a condition of employment, Archer and Lane both signed non solicitation agreements, which states:

In consideration of continued employment with the Company, employee agrees to refrain fromsoliciting or attempting to solicit business from any of our customers, including prospective customers for a period of twenty-four months from the effective date of employee's termination. Any violation of this covenant may result in forfeiture of any commissions due or owed to Employee, notwithstanding any other relief, legal or equitable, to which Company may be entitled.

Both Lana and Archer worked diligently to secure contracts with the United States Department of Agriculture (USDA). Their work resulted in NventionsMLC being awarded a $17.5 million contract to provide agronomic modeling consulting for small farmers, and each was due a commission for their work on the deal that closed in November 2021. Archer was terminated one month later after aroutine account audit showed he committed violations of several federal regulations involving three procurement matters for which he had direct responsibility. Three months after being terminated, Archer established his own business offering government contract procurement consulting.

Around the same time, Lewis Latimore discovered that Archer had in his possession Nventions data that contained information about potential clients the partners wanted to cultivate. In January 2023, Archer filed a lawsuit against Nventions claiming breach of contract and commissions owed. As its defense, Nventions relies on its discovery of Archer's wrongdoing to support his termination and to the restrictive covenant clause as justification for withholding the commission.

Based on the above, answer the following questions:

a. What type of restrictive covenant is being used here?

b. Is the discharge of Sterling Archer valid?

c. Is the restrictive covenant enforceable against Archer?

Answer rating: 100% (QA)

Answer a The restrictive covenant being used here is a nonsolicitation agreement This agreement proh... View the full answer