Asking for a friend, of course. Continue reading
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 to hire the others’ employees during their business relationship and for some time after it ends?
That must be legal too, right?
Probably not. Continue reading
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 private federal civil cause of action for trade secret misappropriation. So, now, if an employee takes your precious trade secrets, you can sue under federal law in federal court. And, in certain circumstances, you can collect your attorney’s fees if you prevail. The DTSA has real teeth!
But, what if you learn that an employee misappropriated your trade secrets before the DTSA took effect on May 11, 2016. Are you stuck in state court? Continue reading
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… Continue reading
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? Continue reading
I’m mailing this one in, folks. I mean, did the two of you who actually clicked on today’s post read the title first?!? (I practically fell asleep at “bipartisan”)
And, if you need to catch up on your zzzz’s, you can read a copy of “Defend Trade Secrets Act of 2016” here. The workplace implications are simple: Companies can now sue employees in state or (for the first time) federal court for trade secret misappropriation.
Now, to actually make this post worth your while, I’m going to remind you that there’s still time to enter my contest. One lucky reader will get my official copy of O’Connor’s Federal Employment Codes Plus 2015-2016 edition. And I will inscribe a personalized message in said book. In blue highlighter.