Employment Lawyer

[Dbeasy 15051]

I may need an employment lawyer to handle an issue that is emerging, but need to ask a few quick questions first. It relates to non-compete agreements. Can anyone recommend the best of the best of the best of Surly for this area? 

[TwiceHorn 31471]

GoLL handles that type of thing with regularity.  Troph did once.  I used to.

The relevant statute is here.

Generally speaking, to be enforceable it must be

• ancillary to an otherwise enforceable agreement (not just at-will employment)
• reasonable as to
  • time
  • territory
  • scope of activity restrained

It is no longer the law, but at one time, it was virtually a prerequisite that the employee at issue had received trade secrets/confidential information to enforce a covenant not to compete.

Although that is no longer the law, it is still my observation that covenant not to compete lawsuits/disputes devolve into trade secret lawsuits 9 times out of 10 because the covenant is hard to enforce.

Thus, the critical question may be, what "proprietary" information of the past employer do you possess that they might contend is valuable in the hands of your next employer or your self-employment in competition with them.

Edited October 30, 2020 by TwiceHorn

[TwiceHorn 31471]

Also, as to reasonableness, time is going to have to be less than two years, generally.  Territory is probably going to need to be restricted to the county or counties in which you actually worked.   And scope of activity restrained needs to be something more specific than "in competition with."

[Cheeseweasel 26438]

Banging your Assistant was a bad idea.

[Dbeasy 15051]

Thanks pm sent to GoLL. I have an urgent time constraint too so hopefully I can connect. My situation is extremely unusual.

[Poolflood 845]

7 hours ago, Cheeseweasel said:

Banging your Assistant was a bad idea.

Dude.  I have it on good source it was the assistant AND the cleaning lady.  

[Guest]

8 hours ago, Cheeseweasel said:

Banging your Assistant was a bad idea.

Depending upon marital status , Could be a different noncompete…

[Upgrayedd 5812]

8 hours ago, Dbeasy said:

My situation is extremely unusual.

Like there is another type of situation here

[VolenteHawk 495]

13 hours ago, Poolflood said:

Dude.  I have it on good source it was the assistant AND the cleaning lady.  

[boilerhorn 1380]

This thread is a little old, but I figured I'd bump it...

I have a specific question for an employment attorney (rather not post details here) and am curious if @troph or @TwiceHorn are still the go-to? Or @Ghost of LL

 

Edited September 26 by boilerhorn

[TwiceHorn 31471]

I don't do employment per se. I do covenants not to compete and trade secrets. GoLL is an employment lawyer 

 

[Ghost of LL 15531]

29 minutes ago, TwiceHorn said:

I don't do employment per se. I do covenants not to compete and trade secrets. GoLL is an employment lawyer 

 

Not much anymore.  I do general litigation (including covenants not to compete, which is the case I'm involved in as I sit here in a Zoom hearing).  But I don't really do a lot of employment counseling anymore.

[troph 24798]

I'm a corporate lawyer, so employment law adjacent. I can listen and respond and if it's outside a down the middle issue I understand I can refer out.

[Handcruser 2805]

Troph is the truth.

[boilerhorn 1380]

Thx!  I will DM @troph

[TwiceHorn 31471]

Basic employment law seems to be kind of all-lawyer adjacent.  In the course of being employed as lawyers and employing others, we pick up a fair amount of the fundamental shit.  Sometimes that level of knowledge can be helpful to a layperson, other times it takes something more complex and nuanced.

[troph 24798]

6 minutes ago, TwiceHorn said:

Basic employment law seems to be kind of all-lawyer adjacent.  In the course of being employed as lawyers and employing others, we pick up a fair amount of the fundamental shit.  Sometimes that level of knowledge can be helpful to a layperson, other times it takes something more complex and nuanced.

true. though I actually do just about all employment law transactional stuff especially exec employment agreements and complex comp like profits interests, stock options, stock grants and change of control bonuses. but DOL, regulatory laws like ADA and others I start to get fuzzy as we venture down those paths. I've been around enough convos with CEOs talking to employment counsel on some of the regulatory issues (ADA to be specific) to be dangerous though.

[boilerhorn 1380]

Had a great call with @troph this morning.  The people are what is so great about this community.