You are the HR Manager for a reputable computer software development company, MicroSonic Inc. with head offices in Windsor, Ontario. MicroSonic has 24 employees in various capacities. MicroSonic has a major contract with the federal government for the development of a highly specialized and important software program which MicroSonic is designing for the military. MicroSonic's contract with the government requires that the software program be completed within one year. Halfway through the development of the program, MicroSonic's project manager dies of a heart attack.

In order to fill such a specialized position quickly, you retain the services of a head-hunter. The head-hunter produces information on what appears to be an ideal candidate, Bill Yates. Yates is currently employed by a leading software development company, IBN Inc., in Vancouver, British Columbia

1. Identify the risks associated with pursuing a candidate that is already employed. Explain the risk and then explain the ways in which the company should minimize these legal risks (Avoid generic answers. Apply your knowledge of the law to this specific case scenario)

2. If the company decides to offer Bill Yates the job, what restrictive covenants will you want to ensure are contained in the contract and why? (Your answers should identify the purpose of restrictive covenants and address this specific scenario (no generic answers).)