Eric has applied for a management position

You are partners at a bakery in Florida that specializes in exotic, expensive pastries. The business has grown quickly in its first 4 years and now sells products to stores and restaurants throughout Florida, Georgia and the Carolinas. Your bakery is well known in these areas for its secrecy regarding the recipe for your famous “Insect” cake. Your customer list is one of your prized possessions, with customers from all over this region, some from word of mouth, others from online.

Eric has applied for a management position and appears to be the perfect candidate. He has 5 years’ experience as a food wholesaler and a reputation as a superb amateur chef. Eric would be hired to analyze the market for new products, create new pastries and other foods, and assist in selling new and existing products. Eric would work with company chefs, salespeople and customers -just about everyone.

You and your partners are concerned that if Eric leaves, he will have confidential information about your business. You are concerned that he may either start his own company with this information or work for a competing business.

Your assignment is to draft a non-compete clause for Eric’s contract that a court would enforce. Your non-compete clause should be no less than a half a page single spaced. You may have sub-sections to your clause. Please include at least three resources that assisted in your drafting this clause on a separate page. Of the three resources, please discuss in detail why this resource served you best, e.g. why did you trust it, where was it from, why is it reliable, etc.).

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