MarkBuckawicki [CC0], via Wikimedia CommonsIf I were the boss, I’d fire anyone for talking in a public office restroom. Period. Full stop. But, carrying on and cursing about clients of the company is certainly a terminable offense. Just ask the National Labor Relations Board. Here’s the setup: Two employees entered…
Image Credit: Pexels.com (https://www.pexels.com/photo/facebook-glasses-privacy-privacy-policy-267372/) Asking for a friend, of course. A bunch of your employees just resigned, set up a competing venture, plundered a bunch of your trade secrets, and have begun contacting your customers. But, hold up! Your IT administrator examined their company laptops and struck gold! He reviewed…
Image Credit: Pixabay.com (https://pixabay.com/vectors/resume-unemployed-job-unemployment-2163673/) In most states, non-competition agreements between an employer and employee are legal, as long as there is some form of consideration (like money) to support them. But, what about a no-hire or no-poach agreement; e.g., a ‘contract’ between two businesses where one (or both) agrees not…
Evan-Amos [Public domain], from Wikimedia CommonsSenator Marco Rubio (FL-R) has introduced legislation that, if it becomes law, would be a flamethrower to many of the non-competition agreements that you have with your employees. Have I piqued your interest? It’s called the Freedom to Compete Act. You can find a copy…
Image Credit: Pixabay.com (https://pixabay.com/en/stamp-characters-label-informant-143799/) Until a few years ago, if an employer wanted to pursue a claim for misappropriation of trade secrets, it probably had to do so in state court under state law. The Defend Trade Secrets Act of 2016 changed all that. The DTSA is a federal law that created a…
By US Army [Public domain], via Wikimedia CommonsLate last week, U.S. Senators Elizabeth Warren (D-Mass.), Chris Murphy (D-Conn.), and Ron Wyden (D-Ore.) introduced legislation to ban employers and employees from entering into non-competition agreements. According to a press release from Senator Warren’s office, the Workforce Mobility Act would accomplish not only…
Especially if you overlook that non-solicitation agreement you signed with your prior employer… Early last month, I blogged here about a situation involving an individual who: signed a non-solicitation agreement with Company A; left Company A to work for Company B; and invited some former Company A employees to connect…
Imagine that one of your top salespeople leaves to go to work for a competitor. At least you had the foresight to have her sign a nonsolicitation agreement as a condition of employment. So, your customers are safe. Then again…You have this sneaking suspicion that this salesperson may be emailing…
Your former employee, the one whom you paid an extra boat load of money to sign a non-solicitation agreement, just sent a bunch of LinkedIn invites to connect with some of your current employees. Has he violated his non-solicitation agreement? That was the precise issue in a case decided…
Ready, fire, aim. That’s the approach that many employers take when seeking to enforce a covenant not to compete with a former employee. Ready, fire, aim. When there’s a even a whisper that a former employee has gone to work for a competitor, the former employer often rushes into court,…