Can a California business enforce trade secrets to prevent competition by former employees and even partners in the future? Many San Diego business owners are concerned about an employee deciding to leave their company in order to ultimately ultimately compete against them. Is it possible to put an effective non-compete agreement in place and will San Diego Courts respect non-compete agreements?
Non-Compete Agreements are Non-Starters in California
Let’s be clear here: non-compete agreements are non-starters in California. The State of California has done everything in its power to take all of the teeth out of any non-compete agreements in our state. The fact is most non-compete agreements are based on a geographical area and a time limit. Courts seem much less interested in limiting a person’s ability to earn a living than they are to protect the trade secrets and proprietary information of a San Diego business.
However, it is absolutely possible to clearly establish enforceable limits within the law, especially when bringing on new employees, and to establish trade secret protections that have genuine legal strength.
It is Possible to Enforce Trade Secrets to Prevent Competition and Secure Proprietary Property and Information
It is possible to enforce trade secrets to prevent competition and secure proprietary property and information. The protection of intellectual property and trade secrets is strongly enforceable under California law. The misappropriation and of trade secrets and proprietary information such as customer and supplier lists and contacts, marketing tactics and trade practices is usually much more enforceable than a covenant not to compete in California.
Trade secrets can also pertain to technical and industry specific knowledge, secret recipes and ingredients, computer algorithms and/or software, even company correspondence including emails.
The attorneys at the Watkins Firm have served the businesses of San Diego for more than four decades. We have extensive experience developing trade secret agreements that have stood the test of court challenge.
We will work with you to protect your proprietary trade secrets and processes, corporate information, substantial client relationships as well as other employees who work for you. It is possible to enforce trade secrets to prevent competition by former employees and even former business partners. We invite you to review our podcast Episode 19 – Your Business Attorney is a Valuable Partner as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. We will discuss how to best protect your business and to prevent employees from taking what they’ve learned from you to directly affect your business.
