Why should your San Diego and Southern California consider a misappropriation of trade secrets strategy when a non-compete agreement can’t work under California law? Is there a genuine legal strategy to reduce the likelihood of an employee or former partner competing against you after leaving your employ.
A Position of Strength for San Diego Employers
The experienced employer defense and business contract attorneys at the Watkins Firm have served San Diego business owners and employers for more than four decades. We work to put our employer clients in a position of legal and financial strength when it comes to protecting the trade secrets, marketing strategies, customers and suppliers and essential business strategies while protecting employers from disputes and expensive lawsuits.
California law has put an end to the enforcement of a non-compete agreement. However, it may be in your best interests to consider a misappropriation of trade secrets strategy when a non-compete agreement can’t and won’t work.
The Essence of Your Misappropriation of Trade Secrets Strategy
What is the essence of your misappropriation of trade secrets strategy? California Courts do not condone the misappropriation of trade secrets. This is especially true when someone has used prior work experience to launch a new enterprise using or applying trade secret information they learned or developed while on the job working for you.
Trade secrets covers a broad range of company information and proprietary processes including but not limited to:
- Customer lists and supplier information
- Proprietary marketing materials, information and selling strategy
- Secret recipes
- Intellectual property
- Proprietary processes
- Software, video, logos, corporate materials and presentations
In short, any material or information which provides your company with a competitive edge can be established and protected as a business trade secret and incorporated into your employment agreements. There are many steps you must take to secure and limit access to trade secret materials. This is why it is important to work with the experienced, proven employer defense attorneys at the Watkins Firm.
Combine Your Trade Secret Strategy With Solid Employment Documents
The misappropriation of trade secrets strategy is especially effective when combined with strong, well-crafted employment documents. The employment agreement and accompanying documents such as an arbitration agreement, employee handbook and policies and procedures are critical business contracts for any San Diego employer. Effective employment agreements can prevent a wage and hour dispute, PAGA action, or other employee-related dispute or litigation.
Employment agreements must be carefully crafted to protect your interests as well as the integrity of business itself. Many San Diego employers have heard about or experienced the perceived California bias toward the employee. If your company has used a download forms site or worse, simply attempted to draft your own contracts, you face substantial risk of an employee dispute, wage and hour litigation or exposure to a hearing resulting in an expensive judgment or settlement with a federal or state labor board or agency.
A Proven Strategy: Misappropriation of Trade Secrets
It may not be possible to deploy an enforceable non-compete agreement here in California. However, there are other successful legal strategies which help to prevent an employee or former partner from taking what they’ve learned while working for you to compete against you.
Are you looking for San Diego attorneys for employers who can help strengthen protections and implement updated employee documents and a misappropriation of trade secrets strategy to eliminate disputes and reduce the incidence of a former employee or partner attempting to compete against you? We invite you to review our podcast Sound Business Insights, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn more about how you can leverage our more than four decades of experience to strengthen your competitive advantage.
