Esther was an employee of Serve U Right Inc which created customized computer programs for clients. Esther was one of only two people in Canada who knew the new language, Jolted Java, just released by Microtext Ltd
, which she learned while employed at Serve U Right. Esther approached management requesting an increase in salary to reflect her skills and was told that her acquiring a new language while employed by them was sufficient compensation. Esther indicated that she would look elsewhere and she was reminded that her employment contract contained a confidentiality clause. If Esther were to leave her employment and go to work for the other company, using this language, Serve U Right would:
A) Be able to successfully stop her re-employment with their competitor for beach of the confidentiality clause.
B) Not be successful as the courts will not stop individuals from applying their skills in earning a living.
C) Be able to successfully stop Esther from leaving their employment as she has a contract and is a key employee.
D) Not be successful in stopping Esther from leaving but could stop her from working for the competition for a reasonable time or until the new language is in more general use.
E) Be able to successfully stop her re-employment on the basis of general equitable principles protecting confidential information.
B
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