THE GLOBAL DIMENSION

Should an employer be able to restrict a former employee from engaging in a competing business on a global level? Why or why not?

WHAT IF THE FACTS WERE DIFFERENT?

Suppose that Emerick had authored a nationally published book, How to Avoid Cardiac Surgery through Diet and Exercise. Could Cardiac have blocked the book’s distribution in Cardiac’s area based on the covenant not to compete?

FACTS Study Center is a medical practice group of approximately fifteen cardiologists. In 2002, Cardiac hired Dr. Robert Emerick as an employee. In 2004, Emerick became a shareholder of Cardiac. He signed a shareholder agreement and an employment contract that included a covenant not to compete.