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Articles Posted in Trade Secrets

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When your recently-fired employee shares the secret sauce on Twitter

No, the secret sauce isn’t ketchup. Or is it? Literally. [Music] The secret’s out in 140 characters In Texas, there’s a professional football team that could fill an infirmary ward restaurant called Raising Cane’s Chicken Fingers. A local FOX affiliate reports here that a recently-fired employee promptly raised Cain (see what I…

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Your ex-employee won’t tell you the password to your company’s LinkedIn page. Now what?

Your company has set up a private LinkedIn Group. Your company, which controls who may become a member of the Group, has seen the number of Group members swell to nearly 700. Way to go! Because it’s a private group, the names of all of the group members are not generally available…

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Though employees may not balk at signing non-competes, the key is when to use them.

Last week it was #thedress. Before that, Kim Kardashian broke the internet.  But, first, there was the Jimmy John’s non-competition agreement kerfuffle that dominated my Twitter. Probably not yours though, because you have a life. Then again, here you are reading this post, pot. Or shall I call you kettle? [Hey…

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Read this before you ask an entry-level worker to sign a non-competition agreement

My Facebook and Twitter feeds were blowing up yesterday with links to articles at NYTimes.com, Huffington Post, and Jezebel about how the sandwich chain, Jimmy John’s, supposedly makes its sandwich makers and delivery drivers sign these non-competition agreements. These agreements purport to preclude employees from working for certain nearby competitors for two…

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PA Superior Court closes non-competition-agreement loophole

In Pennsylvania, a company and an employee can enter into an agreement whereby, in exchange for some form of consideration, the employee agrees not to compete with the company after the employment ends. Consideration can come in a variety of forms; for example, a raise, bonus, promotion, or sugar. Initial employment…

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No non-compete in the offer letter, but here’s a way to enforce one…

You’re hiring for an engineer position. To assist, you engage a search firm, which finally locates an ideal candidate. After a telephone conversation, and a subsequent tour and in-depth interview, you know that you have the right person for the job. So, you prepare and send an offer letter. The…

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Employer customer lists: “Whatever you say, dude.”

You’re looking to hire a new salesperson. Scott Salesperson comes in to interview. He currently works for your top competitor. “Scott, do you have a non-competition agreement?” “No.” “Scott, do you have a confidentiality agreement?” “No. In fact, I have a list of my own customers that I could sell…

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Do your confidentiality agreements pass muster with the NLRB?

Last week, Jon Hyman at the Ohio Employer Law Blog was on point with this good post discussing a recent National Labor Relations Board Administrative Law Judge decision. The case involved what the NLRB General Counsel believed was an overly-broad social media policy in two regards: It banned employees from…

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NJ officially adopts the Trade Secrets Act

As reported here in September, the State of New Jersey was recommending passage of the New Jersey Trade Secrets Act. Well, welcome to the party, pal. (Or is it Powell?). Last week, NJ became the 47th state to adopt a version of the uniform trade secrets act as Governor Christie signed…