Have you considered trade secret protections instead of non-compete agreements in San Diego and Southern California? Most employers want some form of non-compete agreement to prevent their employees from taking what they’ve learned to compete against you. California all but extinguished the ability to pursue violation of a non-compete agreement five years ago. Even in applications where some limited non-compete protections exist (such as the healthcare industry) California Courts tend to side with the employee and do not wish to uphold what they consider to be restrictive covenants of non-compete in terms of geography or long periods of time.
The Stronger Strategy: Misappropriation of Trade Secrets
If non-compete agreements are legal non-starters in California how can a San Diego or Southern California business protect their interests? Employers and California businesses should consider the stronger and more enforceable legal strategy of misappropriation of trade secret protections instead of non-compete agreements. Watkins Firm attorneys have decades of experience helping San Diego and Southern California employers to protect proprietary information, customer data, supplier information, intellectual property, secret recipes and processes, insider knowledge and marketing strategies and other trade secrets associated with your business. We can structure contracts which create trade secrets and proprietary information and restrict your employees from using this information outside of their employment with your company or participating in unfair business practices.
Updating the Employee Handbook and Your Policies and Procedures
This strategy ties into other important employment-related documents such as the employment contract (if any) and employee handbook as well as your company’s policies and procedures. Our attorneys help to clearly establish the nature of the information, practices and industry knowledge which is considered to be proprietary or a trade secret. There are internal practices and physical steps which must be taken to support these agreements and clearly separate, secure and identify information which is proprietary or a trade secret. We help you to follow all steps and implement contracts which are enforceable in a California Court of law.
Should You Consider Trade Secret Protections Instead of Non-Compete Agreements?
Should you consider trade secret protections instead of non-compete agreements in San Diego and Southern California? The misappropriation of trade secrets and proprietary information is a much stronger strategy to prevent unfair competition. Watkins Firm attorneys structure contracts and trade secret agreements which are enforceable.
California’s trade secret laws have genuine teeth. Your Watkins Firm attorney can seek an immediate injunction against a former employee or the competitor who they work for or sold your information to. Civil fines of up to $250,000 for an individual and $5 Million for a corporate entity serve as a strong deterrent in these cases. Criminal violations of trade secret laws can result in imprisonment for up to 15 years.
If you would like to learn more about trade secret protections instead of non-compete agreements we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
