Many workers can attest to having the sudden realization that they could do a similar job all on their own. All one has to do is build up a bit of infrastructure and let current clients know that you’re moving on while waiting for them to reach out at your new start-up. There’s just one problem: You may have signed a non-compete clause with your current employer that forbids you from taking these exact steps. This doesn’t stop people from trying, says Daniel Chammas attorney. As an accomplished expert in law and a partner at employment law boutique Ford & Harrison, Mr. Chammas has represented countless companies who’ve claimed that ex-employees took intellectual property, trade secrets and customers when they walked out the door. The waters can get a bit muddy when these same workers claim discrimination was behind their ousting, but Daniel Chammas attorney can help companies of all sizes prevail with their cases. Outside of California, a covenant not to compete, according to the American Bar Association, is “only enforceable if its terms are reasonable and necessary to protect the legitimate business interests of the employer.” (In California, covenants not to compete are generally unenforceable.) As a result, companies with operations outside of California need to hire someone like Daniel Chammas attorney so he can argue to a court that the non-compete agreement is indeed enforceable. (If the employee is inside California, then a focus on trade secret theft, such as solicitation of customers, is necessary.) The possible pitfall here is that a company has enacted an “overbroad” non-compete covenant into its contract with workers and senselessly restricted their employment options due to supposed knowledge of in-house information. It’s highly unlikely that the service staff of a restaurant will be able to replicate -- with some sort of malice -- a business practice that hurts their former employer. Eating is universal and stopping a chef from exploring their horizons can simply be unfair. As stated before, it’s not impossible for a disgruntled worker to try and get the upper hand so Daniel Chammas attorney tells companies to stay alert for such activity. Moreover, having a time frame that keeps former employees from going to work for a direct competitor can also help a company that depends on innovative ideas it created to keep new clients coming in the door. Mr. Chammas has advised everyone from Fortune 500 companies and entertainment studios to national goods and services providers as well as small businesses at the local level. As a result, the behavior of someone violating a non-compete agreement will always look a little different -- but prohibited activity is possible to prove so long as a legal expert has been retained. |
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