Mr. Kallock is a marketing rep for medical device maker, Medtronic Corp. He has signed an employment Contract, which includes a Non-Compete Clause. Mr. Kallock has agreed that for 2 years following his termination of employment from Medtronic, he will not go to work for one of their competitors, in the same territory, marketing the same kinds of medical devises.
Mr. Kallock interviewed with one of the competitors, Angeion Corp. He told Angeion that he was employed by Medtronic, and he even supplied them with a copy of his Contract.
In spite of the Non-Compete Clause, Angeion offered Mr. Kallock a job. He resigned from Medtronic, and went to work for Angeion, in direct competition with Medtronic, in the same territory, selling the same kinds of devices.
Does Medtronic have any cause of action against Angeion (can they sue Angeion) ?
Please discuss what exactly Medtronic would need to prove, to recover damages from Angeion.
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