An employee is free to search for another job prior to leaving his current position?
True
An employee may not systemically induce other employees to leave their jobs if his purpose is to destroy an integral part of his employee’s business ?
true
If you disparage the employer’s product or the employer in some way you
breach the duty of faithfulness
Doctrine allows a court to enjoin a former employee from working for a competitor because the nature of the new job and the knowledge of the employee makes it inevitable that the trade secrets of the former employer will be disclosed.
Trade secretes doctrine
If there is a legitimate protectable interest, how do we know if the covenant not to compete is reasonable?
1. Look at its interest
2. Are the geographic area reasonable
3. Are the activities reasonable
4. Duration of the non-compete
Covenants not to compete are enforceable ?
no they are unenforceable. but are enforceable only to the extent they are reasonable and support by adequate consideration
Covenants not to compete are enforced only if they are reasonable in their
duration, proscribed activities, and geographic scope.
employee hired to do creative work
copyright can be assigned directly to Er
Ee not hired to do creative work and ee comes up with idea and er helps support creative work:
er gets shop rights
Er can use product/idea for free if they aided in the creative idea with time and resources
Shop rights doctrine
contract between er and ee that limits ee ability to compete with other er after leaving
covenant not to compete
how are CNC support by adequate consideration?
If the agreement is entered before the start of employment and the ee signs it to begin employment