Question

Barbara, a skilled welder, was hired for a welding position. She was asked to sign noncompete clauses in case she leaves Manico. Would a court be very likely to enforce this unless the time or geographic restriction is unreasonable?

Answer 1

The enforcement of noncompete clauses by a court depends on the reasonableness of the agreement, but for specialized skilled workers like welders, such clauses may be scrutinized to ensure they do not unreasonably limit employment opportunities.

Step-by-step explanation:

A court's enforcement of a noncompete clause depends on whether the terms, particularly the time and geographic restrictions, are considered reasonable. However, in the context of Barbara, a skilled welder, whose skills are highly specialized and industry-specific, enforcing a noncompete clause might severely limit her employment options if she leaves her current company, Manico. Considering the hardships that professional retraining might entail as highlighted by Harvard University professor Torben Iversen and former Berlin Social Science Center researcher Thomas R. Cusak, and the fact that workers in specialized industries such as welding might have difficulty finding similar jobs with comparable wages and benefits, courts may scrutinize such agreements closely to ensure they are fair and not overly restrictive.