Reference no: EM133267238

For some years, Mya worked for a tire supply company as an outside sales representative. Of the firm's 4,000 clients across several states in the southern United States, Mya was responsible for 100 clients, spread throughout western Texas. She visited these customers on a regular basis and maintained very close relationships with them. She was the only connection that most of these customers had with the firm, and these clients might not even have known how else to reach the firm except through Mya.

When Mya joined the firm, she signed a non-compete agreement that stipulated that, if she were to stop her relationship with the company, she would not engage in any business of any kind with any customer of the firm for a period of two years. Because of her success in building client relationships, Mya is courted by a competing firm that does business all over the United States. She accepts an offer and begins to contact both her original customers as well as other customers of her previous employer to encourage them to change tire companies. Mya's previous employer files a cause of action for breach of the non-compete.

Question

Will Mya's previous employer's covenant not to compete stipulation be upheld by a court?

In developing your answer set forth the definition of a covenant not to compete and how such covenants are enforceable and not enforceable.