How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19115
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Employment Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I have an old employee who is a therapist, and used to work

Customer Question

I have an old employee who is a therapist, and used to work for my educational company. She has signed a non-competition/non-disclosure, and now I find out that she is performing research with a competing company, and the research is based on my intellectual
property & knowledge. This research is part of her doctorate in physical therapy and will be damaging to my company if published or released to the public. How can I stop her? Is she liable? Can she be sued ? Can I put a cease order on this paper? I am currently
patenting the procedure so public disclosure may hurt my application. I am concerned and feel betrayed. What to do? This person and my company are based in florida.
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
I have an Ex- employee who is a physical therapist, and used to work for my medical educational company. She has signed a non-competition/non-disclosure, and now I find out that she is performing research with a competing company, and the research is based on my intellectual property & knowledge. This research is part of her doctorate in physical therapy and will be damaging to my company if published or released to the public. How can I stop her? Is she liable? Can she be sued ? Can I put a cease order on this paper? I am currently patenting the procedure so public disclosure may hurt my application. I am concerned and feel betrayed. What to do? This person and my company are based in florida.
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I have an Ex- employee who is a physical therapist, and used to work for my medical educational company. She has signed a non-competition/non-disclosure, and now I find out that she is performing research with a competing company, and the research is based on my intellectual property & knowledge. This research is part of her doctorate in physical therapy and will be damaging to my company if published or released to the public. How can I stop her?
Response 1: You need to have an Attorney who handles employment and/or intellectual property cases to send cease and desist notice to her and also file lawsuit against her for violation of the non-compete/non-disclosure agreement.
Is she liable?
Response 2: Yes, if she is found to have violated the non-compete/non-disclosure agreement.
Can she be sued ?
Response 3: Yes, she can be sued.
Can I put a cease order on this paper?
Response 4: Yes, you can.
I am currently patenting the procedure so public disclosure may hurt my application. I am concerned and feel betrayed. What to do? This person and my company are based in florida.
Response 4: You need to file for Preliminary Injunction against her to to prevent further disclosure of this information while you prepare for your lawsuit against her. However, in order to be successful in getting the Court to grant your application for injunctive relief, you must show (1) that it is more likely than not that you would prevail on the merits when the case finally goes to trial; (2) that irreparable damage will be done to you, that is, money cannot cure any mistake the Court would make in not issuing the injunction; (3) that the balance of hardships of issuing the injunction or not issuing the injunction tips in your favor; and (4) that it would be in the public interest for the Court to issue the injunction.
It is strongly suggested that you retain the service of a local Attorney who handles employment issues to assist you. You can use the sites below to find local Attorneys.
You can use the following sites to find local Attorneys:
http://www.lawyers.com
http://www.justia.com