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C is corrent. When deciding whether a covenant not to compete is enforceable, it is irrelevant whether the employee voluntarily terminates his employment. To be enforceable, the agreement must protect Salam’s legitimate interests and the geographic area covered must be reasonable. In deciding the issue, the court will balance Wert’s ability to obtain other employment against Salam’s right to protect its business.
A is incorrect. In deciding this issue, the court will balance Wert’s ability to obtain other employment against Salam’s right to protect its business.
B is incorrect. To be enforceable, the agreement must pertain to a geographic area that is reasonable.
D is incorrect. To be enforceable, the agreement must protect Salam’s legitimate interests.