Employment Law

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If a company terminated me due to sale of the company. But…

Customer Question
If a company terminated...

If a company terminated me due to sale of the company. But new company wanted to hire me but I choose not to work for them. I don't recall ever signing NDA or non compete. Can they come after me for trade secrets. Even if it is not a patent. Can I work in industry and visit same customers but NOT use similar product. Try to match it similar products but different?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I feel ex employer who is an employee for new company is bitter I left and he wants to make sure I don't become successful.

Submitted: 11 months ago.Category: Employment Law
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Answered in 1 minute by:
9/16/2017
Employment Lawyer: Roy Hadavi,
 replied 11 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Roy Hadavi,
 replied 11 months ago

Non-Compete: Excluding specific circumstances, non-competes are rarely upheld in California. Therefore, even if you signed one, it would likely not be enforceable.

Confidentiality/Trade Secrets: The opposite is true for a confidentiality and trade secrets agreement. Even absent such an agreement, if it is clear that certain information is confidential or protected, you could face liability for disseminating that information. If the customer list is confidential, then you could be liable for visiting those customers.

Non-Solicitation: It is also possible that you signed a non-solicitation agreement and those are almost always enforceable and would likely prohibit you from contacting their customers.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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