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A salesperson for Company Z has worked for Company Z for a year.  Company Z realized, however, that it had not protected itself by entering into a non-competition and confidentiality agreement with the salesperson at the time of onboarding.  Company Z knew the salesperson wanted to expand his territory from Texas to Texas, Arkansas, Oklahoma, and Louisiana.  As a result, Company Z agreed to provide leads and sales information regarding potential clients in Arkansas, Oklahoma and Louisiana in exchange for a non-compete that would restrict the salesperson from directly competing against Company Z for 5 years throughout the Southeast quadrant of the United States including states Texas, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, Georgia and Florida where Company Z saw its business expanding in the future.  Company Z included in this agreement a confidentiality provision that required the salesperson to maintain the confidentiality of these sales leads and contact information in perpetuity.  Discuss the validity of this non-competition and confidentiality agreement and what reforms, if necessary, will be required prior to a Court enforcing the same. 

What qualifies as a mass layoff acting as trigger under WARN?

A manager tells the employees in his group the basis for the termination of one of the other employees in his group.  The employee wants to bring an action for defamation.  Does the employee have a cause of action and, if so, why? 

What type of damages are authorized under the Uniform Trade Secret Act? 

There has been a theft of multiple items in a recent shipment at the grocery store.  The grocery store employer has reason to believe that one of its employees has decided to go online to sell various items.  The grocery store provides its employees, including the suspect employee, with a locker to hold various personal items and provides locks for those lockers.  The grocery store provides its employees one key for the lock and retains the other one.  The grocery store has also determined that the suspect employee uses the same password for logging into his grocery store computer that he uses to login to his cloud based gmail account.  Given that the grocery store believes the suspect employee has sold items online, the grocery store employer has started going through the suspect employee’s emails.  Discuss the legality of the search of the locker and the gmail account.

What is not an element of the Faragher/Ellerth defense? 

Which of the following is not an invasion of privacy tort? 

A salesperson is preparing to leave Company C.  What can this employee do in anticipation of moving on from an employer prior to the termination for the employment relationship with the employer? 

Which of these is not a test used to determine if an independent contractor relationship exists? 

In South Dakota, a plaintiff can bring a claim against their employer for wrongful termination as a matter of public policy based on a refusal to participate in the fraudulent scheme of a corporate officer.  True or False?