Bed Mart, Inc Case Study

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IV. ANALYSIS When a covenant not to compete is challenged, the court will consider each component from within and examine the reasonableness. "The authorities are uniform that such contracts are valid when the restraint they impose is reasonable." Valley Medical Specialists v Farber, 194 Ariz. 363, 982 P.2d 1277. To determine the covenant reasonableness with the elements contained within, the court considers the following: the employer's objectives, the length of time, the geographical scope. In the case of Bryceland, 160 Ariz. at 217, 772 P.2d at 40, the employer's concern was that the former employee would use the skills acquired during the course of employment, to possibly lure away the clients from the vulnerable employer who had not yet established a competent replacement. Here, Guys' skills were obtained through his culinary education at Scottsdale Community College and not through his employment at Pretentious. …show more content…
v. Kelley), presented legitimate evidence of the length of time used to train a new employee to the point of making a profit for the company. Thus justifying the six month restraint on Kelly's employment (202 Ariz. 370, 45 P.3d 1219). Results differed with Bryceland v. Northey ), where Bryceland presented evidence that had shown the employees, disk-jockeys, received fourteen weeks of school and training, this did not rationalize the two year employment restriction (160 Ariz. 213, 772 P.2d 36). Since Guy has been employed at Pretentious for only two years, it seem evident that two years would be the maximum amount of time needed to train another baker to the point of Guy's
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