CA Court Favors Employees in Trade Secret Decision
Posted by
michael
on from the sanity-prevails dept.
legal_tinker writes "At grep.law, Tait Graves writes: 'In a majority of states, you can be enjoined from starting a new job because of what you know, even if you have done nothing wrong.' A California court just rejected that idea in California."
That is really only true in certain states, NY being one of the worst offenders. Here in WI we are what is sometimes refered to as a right to work state. Simply put, by and large non-compete agreements (note to parent and et al are different from and NDA as NDA's cover only proprietary info), are not worth the paper they are written on. Sure, a company can force a person to abide by the non compete, if they are willing to pay the persons salary during the period of the non compete. (Like that will happen)
Usually the only other time they are upheld is if they are very narrowly and specifically defined, and do not prevent a person from attaining gainful employment in area of their expertice for a similar salary.
That is just Wisconsin, YMMV, like in New York, where you are basically screwed.
That is really only true in certain states, NY being one of the worst offenders. Here in WI we are what is sometimes refered to as a right to work state. Simply put, by and large non-compete agreements (note to parent and et al are different from and NDA as NDA's cover only proprietary info), are not worth the paper they are written on. Sure, a company can force a person to abide by the non compete, if they are willing to pay the persons salary during the period of the non compete. (Like that will happen)
Usually the only other time they are upheld is if they are very narrowly and specifically defined, and do not prevent a person from attaining gainful employment in area of their expertice for a similar salary.
That is just Wisconsin, YMMV, like in New York, where you are basically screwed.
IANAL