Flashcards Studio

An MPT task memo asks you to draft an opinion letter to GreenSteps, a landscaping company that wants to hire a sales manager who recently left a competitor. The former employer sent a letter threatening to sue if GreenSteps hires her. The File includes the applicant's employment agreement, her resume, GreenSteps's proposed job description, and interview notes. The agreement prohibits using confidential customer lists for one year, but it does not bar employment by a competitor. The interview notes say the applicant "knows every large commercial client in the region," but they do not say whether she has copied or memorized confidential price terms.
The Library contains one case allowing a competitor to hire a former employee when the restriction was limited to use of confidential information, and another case enjoining employment where the new job would inevitably require use of confidential pricing and customer data.
What should the opinion letter advise? Discuss how to state the likely conclusion, how to identify assumptions and missing facts, how to explain the competing cases, and what safeguards GreenSteps should take if it proceeds.