Former Employee

News & Analysis as of

Contract Requiring Ex-Employee To Compensate Former Employer For Competing Ruled Enforceable In British Columbia

A recent decision of the B.C. Court of Appeal has endorsed a novel approach to post-employment competition by upholding an employment contract whereby the employee was required to compensate the employer if she competed soon...more

Protecting Trade Secrets When Employees Depart [Video]

Employment and labor lawyer Richard Warren discusses how employers can better protect one of their most valuable assets—their trade secrets....more

Man bites dog: recovering attorney’s fees from vexatious employees

California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something. While some suits have merit and others are understandable, there are suits...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Ownership of Business-Related Social Media Accounts

Social media platforms have become an increasingly important means for companies to build and manage their brands and to interact with their customers, in many cases eclipsing companies’ traditional “.com” websites. Social...more

First Circuit Enforces Non-Solicitation Agreement in Favor of Employer

Can a former employee circumvent a non-solicitation agreement if he or she merely accepts business from former customers and does not actively solicit them? Recently, in a decision sure to please employers, the First Circuit...more

Federal District Court Holds Work-Issued Computer Not A “Facility” Under Stored Communications Act

On September 18, the U.S. District Court for the Western District of Washington held that an employee’s computer, issued by the employer, is not a “facility” subject to protections of the Stored Communications Act. Roadlink...more

Trade-Secrets and the Departing Employee

Concerned about departing employees who might have confidential information about your business and clients? Or maybe you are the ex-employee and you are unsure of where the line is drawn when departing one job to start...more

Taking Legal Control Of The Company Social Media Account

What happens when the employee who set up the company’s LinkedIn account leaves? ...more

The Parameters of "Solicitation" in an Era of Non-Solicitation Covenants

Originally published in the ABA Journal of Labor & Employment Law - Volume 28, Number 1, Fall 2012. I. Introduction - "I didn't solicit them; they approached me." That is a common defense invoked by someone accused...more

Ethics Advisory Panel Concludes that Ex Parte Communications with Adversary’s Former Employee Are Permitted in Rhode Island

In January, Rhode Island Lawyers Weekly identified the Most Important Decisions of 2012. Among the featured decisions was the Rhode Island Supreme Court Ethics Advisory Panel’s Opinion No. 2012-02, a decision that adds yet...more

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