Real Life Employment Law
Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.
This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.
We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.
Stephen D. Bell
Michael Droke
Joseph W. Hammell
Sarah Andrews Herman
Ryan E. Mick
William J. Miller
Melissa Raphan
Gregory M. Saylin
Gabrielle Wirth
David C. SingerBLOG CONTACT INFO
E: Wirth.Gabrielle@dorsey.com
P: 714.800.1455
Today’s workforce is more mobile than in past generations. Long gone are the days when an employee started and ended a career at the same company. Knowing how to protect your company’s confidential information when a trusted employee leaves can have a lasting impact on your ability to compete. So, what can you do when a former employee goes to...
Question: We operate a financial services firm that employs account executives who execute investment trades on behalf of clients. One of our brokers recently resigned to move to a competitor firm. With his resignation letter, he included a list of clients he plans to solicit at his new firm. This list includes clients with whom the broker may have had...
Question: I saw something on the news about some new trade secrets legislation. What’s going on with that? Will it help employers better protect their trade secrets?
Question: Our company uses agreements to try to protect our confidential and proprietary information. One of our former sales employees recently left us to work for a competing company. We have evidence he took with him our confidential information about our clients and is planning to use it to sell products to our clients for his new employer. When we reminded...
Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is now claiming the agreement is invalid because it is “overly broad” in that it bars him from soliciting not only those clients of ours he used to work with,...
Question: One of our company’s employees recently left to start a competing business. We think he started this process while he was still employed by us, and that he is probably using information he learned from us. We’re in California, so I know we don’t have a non-compete agreement with him. Do we have any other recourse?
Question: We are a Wisconsin employer that recently lost a number of employees to a direct competitor in our region. As a result, we are now in the process of having all of our employees sign non-compete agreements prohibiting them from working for a competitor for a limited period of time after leaving our company. Assuming that the non-compete agreement...
Question: We are a Wisconsin employer that has recently lost a number of employees to competing companies in our area. We’re worried our competitors are getting an unfair edge in the market, basically using employees we’ve spent time and resources training to compete against us. It doesn’t seem fair. Unfortunately, it didn’t occur to us to have our employees sign...
Question: We are a business headquartered in Minnesota. We plan to expand into other states but have concerns with investing the time and money in training new employees in a very competitive industry. We currently have our Minnesota employees sign a form non-compete agreement. Can we use that same form agreement for other states where we are expanding?
Question: We are an accounting firm and recently fired an employee at will. We have always understood that Montana law disfavors non-competition agreements, therefore, our employment agreement provides that if the accountant provides services to our clients within six months of leaving, he will pay us the profits from such an engagement which are stipulated to be 75% of gross...
Trevor BrownTrevor is a partner in Dorsey’s Labor & Employment group. He has significant experience representing finan...
Erica ChenErica is an associate in the Costa Mesa office of Dorsey & Whitney and a member of the firm’s Labor and Employ...
Jack SullivanJack is a Partner in Dorsey’s Labor & Employment group, where he focuses his practice on employment adv...
Ieva AubinAs an employment and business immigration attorney, ...
Rebecca BernhardRebecca's experience spans traditional labor...
Marilyn ClarkA Partner in the Labor & Employment practice gr...
Michael DrokeMike started his career as a client, not a lawyer...
Aaron GoldsteinAaron is a Partner in Dorsey’s Labor & Employ...
Jillian KornblattJillian is a Partner in Dorsey’s Labor & Employ...
Laura LestradeLaura began practicing at Dorsey in 1992 and has s...
Jessica LinehanJessica is a Partner in the Labor and Employment gr...
Ryan MickFor more than a decade, Ryan has counseled corpo...
Melissa RaphanMelissa is a Partner in Dorsey’s Labor and Employ...
Gabrielle WirthEmployers turn to Gabrielle for guidance on how they...
