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california noncompete
Noncompetes in California are generally unenforceable, but there are other ways to help protect your trade secrets and other sensitive information. California Employer Daily keeps you in the loop.
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Recent Posts
Blog Post:
California Noncompete Agreements: What Is Allowed?
Jennifer Carsen, Esq.
California noncompete agreements are basically void. California’s legislature routinely passes its own version of federal laws, often with crucial differences that can trip up multistate employers. Noncompete agreements are one such topic. While most states do not give employees protection (or...
on
8 Jun 2012
Blog Post:
Handbooks Help Is Here!
Jennifer Carsen, Esq.
Yesterday , we discussed two of the big employee handbooks mistakes employers tend to make, according to attorney Elaina Smiley. Today, a look at the final mistake she sees too often, and an introduction to a valuable handbook drafting tool — specifically for California employers. Smiley is a partner...
on
22 Mar 2011
Blog Post:
Free Report Friday—20 Must-Have Employee Handbook Policies
Jennifer Carsen, Esq.
Employee handbooks come in all shapes and sizes, but there are certain "must-have" policies that no employee handbook should be without. Our new White Paper provides a list of the 20 "must-have" policies, courtesy of Kate Gold, Esq. and Heather Sager, Esq., attorneys at Drinker Biddle...
on
25 Feb 2011
Blog Post:
3 Tips To Ring in 2011 the Right Way
Jennifer Carsen, Esq.
Yesterday , we looked at 3 New Year's HR tips from James J. McDonald, Jr., managing partner of the Irvine office of Fisher & Phillips, LLP ( www.laborlawyers.com ). Today, 3 more tips from McDonald, and an invitation to a can't-miss webinar on California recordkeeping. 4. Revise Your Vacation...
on
13 Jan 2011
Blog Post:
Every Job Has 3 Job Descriptions
Jennifer Carsen, Esq.
Every job has at least 3 job descriptions: the company's (the written one on file), the boss's (rarely the same), and the employee's (the one that describes what he or she actually does). In an ideal world, they would all be the same. But in the real world… ...they aren't the same...
on
15 Dec 2010
Blog Post:
California's High Court Puts the Kibosh on Noncompete Agreements
Jessica Hong
The California Supreme Court has issued an important decision that makes it clear that employers cannot restrain an employee's ability to compete, regardless of how reasonable or narrow the restrictions. As a result of this ruling, employers should do a thorough review of their employment agreements...
on
13 Aug 2008
Blog Post:
Employment Law Tip: Protect Your Trade Secrets
Jessica Hong
As the Yahoo! suit against MForma Inc. highlights, things can get ugly if you suspect former employees have walked off with your trade secrets and joined a competitor. The best way to head off trade secrets disputes—and the potentially disastrous business consequences of your trade secrets getting...
on
29 Mar 2006
Blog Post:
Yahoo! Wins Trade Secrets Injunction Against Ex-Workers
Jessica Hong
Recently, Yahoo! sued startup MForma Group, Inc., a wireless content provider based in San Francisco, claiming that a group of seven Yahoo! workers left the Internet giant to join MForma, taking trade secrets with them--including proprietary source code and other confidential business information. The...
on
29 Mar 2006
Blog Post:
Lawsuits and Lawyers: Insurance Adjusters Who Won $90 Million Now Claim Their Lawyers Should Have Won an Even Bigger Verdict; Watch Your Step
Jennifer Carsen, Esq.
The long-running class action lawsuit over alleged misclassification of Farmers Insurance Exchange adjusters has taken another twist: A California court of appeal has ruled that the employees can sue the San Francisco law firm that represented them against Farmers for malpractice. Recently, the adjusters...
on
1 Sep 2004
Blog Post:
Noncompete Agreements: Can You Fire An Employee Who Refuses To Sign A Noncompete Agreement?
Jennifer Carsen, Esq.
Daniel Thompson was working for Pac-West Labels when Impaxx Inc. bought the company. Impaxx asked Thompson to sign an agreement stating that for one year after his employment ended, he would not call on, solicit, or take away Pac-West's customers or potential customers he had contacted in his job...
on
1 Feb 2004
Blog Post:
Recruiting Employees: Supreme Court Says You Can Be Bound by Out-of-State Noncompete Agreements; Practical Impact
Jennifer Carsen, Esq.
Most California employers know that agreements that restrict employees from competing with former employers are illegal and that California courts won't enforce them. But because of a new California Supreme Court ruling, it is now riskier for you to hire someone who has signed a noncompete clause...
on
1 Feb 2003
Blog Post:
Noncompete Agreements: Employee Fired For Refusing To Sign Agreement Wins Million-Dollar Verdict
Jennifer Carsen, Esq.
California courts have repeatedly refused to enforce noncompete agreements. Now, a new California appeals court decision upholding a whopping $1,080,000 punitive damages award shows the high price you can pay for firing an employee who won't sign a noncompete agreement. Out-Of-State Employer Uses...
on
1 Jan 2002
Blog Post:
Trade Secrets: Staggering Fines For High-Tech Company That Stole Sensitive Information; 5 Steps To Minimize Disclosure Risks
Jennifer Carsen, Esq.
Former employees who make off with your trade secrets can spell disaster for your business. Once confidential information is in a competitor's hands, the damage is done and may be impossible to reverse. Now a case involving Fremont-based Avant! Corp.—which had to pay huge fines and whose top...
on
1 Sep 2001
Blog Post:
Nonsolicitation Agreements: Employer Who Sued To Enforce Agreement Ordered To Pay $1.3 Million To Former Employees
Jennifer Carsen, Esq.
Flair Communications Agency in San Francisco asked for an injunction against three former employees, claiming they violated a nonsolicitation and trade secrets agreement by stealing the agency's clients and setting up a rival promotional agency. Flair also sought $1.3 million in damages. But the...
on
6 Jul 2001
Blog Post:
Recruiting Employees: Court Refuses To Enforce Out-Of-State Non-Compete Agreement; Practical Strategies
Jennifer Carsen, Esq.
In California, most agreements that restrict employees from competing with former employers are illegal and California courts won't enforce them. But what if you want to hire someone who signed a non-compete provision with an employer in another state that does recognize these agreements? A California...
on
1 May 2001
Blog Post:
Noncompete Agreements: You Can Now Be Sued For Firing A Worker Who Refuses To Sign A Noncompete Agreement
Jennifer Carsen, Esq.
Agreements that prohibit an employee from competing with you after leaving your employment are usually illegal. That's because contracts that prevent someone from engaging in a lawful occupation are against public policy and are void in California. Now a California Court of Appeal has ruled that...
on
1 Mar 2001
Blog Post:
News Flash: Court Raises The Stakes For Using Illegal Noncompete Agreements
Matthew T. Humphrey
Contracts that bar employees from working for competitors after they leave your company are unenforceable under California law in most cases. And now such provisions pose an even bigger problem for employers. That's because a Court of Appeal has recently ruled that you can be sued for insisting employees...
on
1 Feb 2001
Blog Post:
Avoiding Defamation Suits: Employer Who Went After Ex-Employee For Trade Secret Violations Gets Hit With Slander Verdict
Jennifer Carsen, Esq.
If you think an ex-employee is using your trade secrets to build a competing business, you might decide to haul the person into court to protect your confidential information. But you have to be very careful with what you say about the employee or this move could backfire, which is what happened recently...
on
6 Jul 2000
Blog Post:
News Notes: Employer Blocks Ex-Employee Raider But Still Loses 100 Staffers
Jennifer Carsen, Esq.
Competitors luring away workers is an increasing concern these days. In a recent case, Jeff Sposito, a managing broker with Jon Douglas Co. in Walnut Creek, quit less than a week after Coldwell Banker acquired his company. He immediately joined a rival and, allegedly within a day, persuaded more than...
on
1 Nov 1997
Blog Post:
Trade Secrets: Workers Liable After Taking Former Employer's Customer Business Cards; 4-Point Protection Checklist
Matthew T. Humphrey
When employees leave to join a competitor or start their own business, is your confidential data going with them? Sometimes the most valuable, but least-guarded information-like your customers' names or even an employee's rolodex-could seriously harm your business if it falls into the wrong hands...
on
1 Oct 1997
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