responses autodoc

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School for Professional Studies, CUNY *

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331

Subject

Law

Date

Feb 20, 2024

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docx

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1

Uploaded by aminashaik76

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As you mentioned, depending on the details of the noncompete agreement, Autodoc may be violating the law if the limitations are excessive or too broad. It also depends on the whether the non-compete is affecting her negatively during the time she is employed with AutoDoc. If any terms of the contract show discrimination towards her due to her disability or pregnancy or underlying conditions, then it is a violation. If AutoDoc treated her unfairly during the employment such as provide lower wages for her compared to her colleagues in the same position, then it a violation. However, over the course of her learning experience with AutoDoc, she could acquire exceedingly distinctive skills with the help of AutoDoc’s owners, which if she shares with other competitors will hamper AutoDoc’s growth. If this skill is proved crucial to AutoDoc’s trade, then there could be no violation if they refuse to let her use it elsewhere. Also, if AutoDoc pays for furthering her education in return for her to stay and provide service for a set period, but she quits after graduation then she is liable. Again if the clauses are not transparent enough and are trying to use a bargaining power with Shelly so that they have an upper hand regarding she is any vulnerable situation due to which she is forced to sign the contract then AutoDoc could be liable. In Oregon upon termination, if a non-compete has be signed then the employer must pay atleast 50% of the employees annual gross initial salary. The state rules and federal rules could change and if the non-compete is not valid according the most recent state and federal rules then there could be a violation. If AutoDoc merged with another company and fired Shelly and asked to reapply then also AutoDoc is in violation if Shelly cant work anywhere else. As you stated she may not be hired in the future. But what the court does if AutoDoc sues her, depends on the substantive laws of that State. The court may follow the red pencil doctrine whereby if it finds any part of the contract to be unreasonable, they can render the contract as void. Or they could follow the blue pencil doctrine in which only the part of the contract is unfair to the employee is removed and cannot be enforced. Finally, they could rewrite the entire contract whereby AutoDoc’s and Shelly interests are given equal consideration and a new contract is created that is fair to both and compliant with state laws. If she breaks the contract, she can try to prove in the court that AutoDoc is not offering the same opportunities that other employers have offered her. They gave her less provisions in return for her services despite being in the same market. Also, if she is promoted to a higher position or a different position with AutoDoc then the non -compete could be considered an outdated contract. This way it could be proved that Autodoc found Shelly to be very lucrative to them and they did not want her to leave them. If free labor movement is prevented, then it is not good for the economy in the area that Autodoc operates as it could rule against AutoDoc.
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