The Employer Handbook Blog
I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading
Articles Posted in Non-Soliciation
Seven signs the non-solicitation and non-competition agreements your employees signed may be unenforceable.
User:VasilievVV and user:Jarekt [Public domain], via Wikimedia Commons
The rest of you deadbeats are stuck with only five free weekly blog posts. Continue reading
Here’s how promoting your company on LinkedIn could cost you your job.
Especially if you overlook that non-solicitation agreement you signed with your prior employer… Continue reading
This’ll teach you not to snoop on your employee’s personal emails…
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
Can a LinkedIn invitation to connect violate an agreement not to solicit?
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
Everything you need to know about restrictive covenants and protecting confidential business information
Yesterday, I had the privilege of presenting a webinar for LexisNexis with my colleague, Larry Holmes, and Sterling Miller. Larry and I have served in the restrictive-covenant trenches together many times. Sterling serves as Senior Counsel at Gober Hilgers. He’s also the former General Counsel and Chief Compliance Officer to Sabre Corporation and former General Counsel to Travelocity.com. And without any prodding from me, Sterling admitted to reading this blog. Clearly, he’s good people.
Anyway, about that webinar. The three of us riffed for an hour and twenty on the ins and outs of non-competition and non-solicitation agreements. Plus, we offered some drafting tips and discussed ways to protect confidential information. And, of course, I couldn’t resist intersecting those topics with social media. Secret sauce, anyone? At the end, we took 15 minutes of questions from folks like you.
If you’d like to get a copy of the webinar, I’m pretty sure that I can hook you up. (Don’t let me down, Lexis!) Drop me a line and I’ll do my best to take care of you.
Misclassifying an employee may void a non-compete agreement
In an unpublished opinion, the Third Circuit Court of Appeals denied a Pennsylvania company’s attempt to enjoin a former employee, who had entered into several restrictive covenants with the company, to compete directly against the company and solicit its customers.
What did this employer do wrong and how can you learn from its mistakes?
After the jump…
* * *
4 ways employers can protect themselves when employees leave
This story that I wrote with my Dilworth Paxson LLP colleague, David Laigaie, the Chair of Dilworth’s Corporate Investigation/White Collar Group, recently appeared in The Legal Intelligencer. If you operate a business in Pennsylvania and you have trade secrets, employees with non-solicitation agreements, or non-competition agreements, then take a few minutes and read this article. You’ll be glad you did.