On December 2, 2020, PETE entered into a written Contract with XYZ Bank to work as an accountant. PETE’s performance for XYZ was outstanding. Because of PETE’s performance and not wanting PETE to quit or leave his employment with XYZ, on February 1, 2021, XYZ asked PETE to sign another written contract which simply stated: “that if PETE decided to leave his job with XYZ, PETE would not take another job with any direct competitor of XYZ for three (3) years. PETE read the contract, agreed to the terms, and signed the contract.
In March, 2021, based again on PETE’s job performance and as part of his contract with XYZ, PETE was assigned to promote a new product for XYZ. As part of this promotion, on March 3, 2021, XYZ gave PETE another written contract wherein it was stated as follows: “PETE would receive a bonus payment of 10% of any sales that he made of the new product, if management agreed to do so.” PETE read this contract, agreed to its terms and signed the contract
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Write My Essay For MeAgain, PETE exceeded all expectations with the sale of the new product and, when the promotion ended in April, 2021, PETE requested payment of the 10% bonus that he had earned in accordance with the contract he had signed with XYZ. XYZ refused to pay the 10% bonus. As a result of XYZ’s refusal to pay the bonus, PETE quit his job with XYZ and immediately went to work for a direct competitor of XYZ selling the same product as he did for XYZ.
Question 1 – Part 1
XYZ files a lawsuit against PETE to force him to quit his new job, stating that PETE had breached his Contract with XYZ by accepting another job for a direct competitor of XYZ in violation of his Contract that PETE had signed with XYZ on February 1, 2021.
In PETE’s response to XYZ’s position, what defenses, if any, could PETE use to defend his right to take another job? Who would prevail? XYZ or PETE? Set forth the LAW which pertain to any defense that you will discuss.
Question 1 – Part 2
PETE also brings a lawsuit against XYZ for the loss of his 10% bonus payments that XYZ had promised him pursuant to the written contract with XYZ for the sale of the new products which they had signed on March 3, 2021. XYZ claims they owe PETE nothing because he quit his job with XYZ. What other defenses, if any can XYZ use to claim that PETE was not entitled to any bonus payment from XYZ. Explain all of XYZ’s defenses in detail and set forth PETE’s response, if any, and his claim to receive his bonus. Who would prevail? Set forth the LAW which applies to any defense for both XYZ and PETE that you will discuss.
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