A non-compete agreement is a written contract that prohibits an employee from operating a competing business or working for a competitor in a specified geographic area for a specified period of time. A non-compete agreement may be a separate agreement, or clause in an overarching employment contract. What Does a Physician Non-Compete Agreement Do? Most physicians are familiar with...
Continue ReadingCalifornia whistleblowing law is designed to protect employees who report misconduct at work. These laws protect employees in Los Angeles, San Francisco, and throughout the state from retaliation. Whistleblowing refers to when an employee “blows the whistle” on his or her employer by reporting the employer’s misconduct which can include: The main protection for whistleblowers in California is found in Labor Code Section...
Continue ReadingConstructive discharge is a term used to describe a situation where an employer forces an employee to quit. This is often referred to as constructive dismissal or constructive termination. Rather than firing an employee for an illegal reason, some California employers attempt to skirt liability by forcing the employee to resign. A constructive discharge occurs when an employee is coerced into resigning and writing a...
Continue ReadingIf you want to find a comprehensive list of laws protecting California employees, then this post is the place for you! Below you will find 103 laws that offer legal protection to employees working in California. If you are looking for a specific type of employment law, you can click on the categories listed below to jump to that...
Continue ReadingIn this post, the New York employment lawyers are going to show you exactly how to get out of a New York non-compete agreement. In fact, this is the exact process we use to help all of our clients get out of non-compete agreements. If you want to get out of a New York non-compete agreement, please contact us today....
Continue ReadingThe Coronavirus pandemic is forcing rapid change on the way we work and some of those changes might stick. Zoom meetings, for example, are replacing business trips while travel is restricted. But will the convenience and efficiency of online meetings reduce business travel once the restrictions are lifted? Why travel to see prospects when you can meet them...
Continue ReadingThe “choice of law” in a non-compete dispute can impact the outcome of the case. New York, Massachusetts, and California, for example, have highly developed laws that favor employee mobility. Other states might be more inclined to enforce a non-compete agreement according to its terms. Therefore the question of which law applies can be determinative. Employers often try to avoid the...
Continue ReadingA trade secret is, essentially, information of commercial value that is kept secret by those who have an interest in protecting and benefitting from its value. The attribute of secrecy is fundamental to whether certain information qualifies as a trade secret. Unless the entity possessing the information makes a reasonable effort to maintain the secrecy of the information, the information...
Continue ReadingMy name is Robert Ottinger and I’m an employment lawyer. For 20 years I’ve been helping employees and we have offices in New York and California. Trying to work while pregnant or as a new mother has never been harder. There’s a misconception in America that a woman can’t be both a good mother and an effective worker at...
Continue ReadingDecided almost a half century ago, Reed, Roberts Assoc. v Strauman, 40 N.Y.2d 303 (N.Y. 1976), remains a pillar of New York case law when determining if a non-compete is enforceable. With this decision, New York State’s highest court established a framework for determining whether a non-compete (or any other restrictive covenant) is “reasonable” and, therefore, enforceable. Background In this case,...
Continue Reading