Embryology: Close Customer Relationship

The opposing side may argue that Lee is in close proximity with the patients. When Lee, the reproductive endocrinologist, and the couple have conversations about the final call of the in vitro fertilization process, this puts Lee in a position that would constitute a close customer relationship. Lee has personal contact through the in-person communications. Lee has worked for the University for five years. While employed for the University she acquired her Ph.D. in embryology. Lee’s knowledge was gained through the University at the University’s expense. Lee became qualified for the lab director position from the skills that she learned from her experience at the University. Lee would transfer those skills into her new position as a lab …show more content…
While employed at the University, Lee received her Ph.D. in embryology. Also, Lee received classroom knowledge through her courses. Lee received first-hand experience through her profession as an “apprentice” under the lab director. Since Lee is employed by the University, she received a significant discount on her classes. The discount allowed Lee to be able to afford her education. If Lee did not receive the discount, she would not have been able to afford getting her Ph.D. Lee’s position as an embryologist contributes to the success rates of achieving pregnancy that results in live birth. The embryologist affects the success rate because the success rate is dependent on the embryologist’s skill at ICSI, setting up the lab and maintaining the lab, and her skill at making decisions about the quality of the embryos and date of transfer of the embryos. The knowledge that Lee acquired while being in school in addition to her apprentice position is contributory to her skill level. Lee’s skill could help increase the success rate of the clinic. Since the success rate of an embryologist is better measured by the success rate reported in the Center for Disease Control, a couple knowing this could follow her to another clinic. However, Lee’s position as an embryologist did not place her in a position of close customer contact. she did not have the opportunity to pirate part of the plaintiff’s business. Lee’s services were not unique or extraordinary, and peculiar knowledge was not gained. Therefore, the non- compete covenant is enforceable under the first prong of the reasonableness