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re: How does the FTC have the authority to do this - Non Compete ?
Posted on 4/24/24 at 8:18 am to Indefatigable
Posted on 4/24/24 at 8:18 am to Indefatigable
quote:
You are referring to a non-solicitation agreement, which is different than a non-compete
I see. So, would the non-compete apply to my company's product and confidential information? Meaning, a new employee could come to work for my company, learn the product and company systems, and then steal my company's information and use that to take away my business. A business owner should have the right to offer employment based on the agreement that you will not take my company information and use that to take away my business.
3
Posted on 4/24/24 at 8:20 am to jrodLSUke
quote:
So, would the non-compete apply to my company's product and confidential information?
That would be trade secrets laws. In LA a client list CAN BE a trade secret, FYI.
*ETA: I had to fix the comment above with the all caps wording.
This post was edited on 4/24/24 at 8:21 am
Posted on 4/24/24 at 8:21 am to jrodLSUke
quote:
would the non-compete apply to my company's product and confidential information?
Would all depend on what it said. The specific non-competition language probably would not. But as I mentioned in the other post, language protecting confidential/TS information is separate.
The sentences just usually appear near each other in a document titled "Non-Competition Agreement".
quote:
A business owner should have the right to offer employment based on the agreement that you will not take my company information and use that to take away my business.
As far as I understand it, this new rule does not prevent the business from doing that, or imposing non-solicitation clauses to protect client bases.
Posted on 4/24/24 at 10:25 am to jrodLSUke
quote:
I see. So, would the non-compete apply to my company's product and confidential information? Meaning, a new employee could come to work for my company, learn the product and company systems, and then steal my company's information and use that to take away my business. A business owner should have the right to offer employment based on the agreement that you will not take my company information and use that to take away my business.
You really need to review your policies. For trade secrets to be trade secrets they need to be treated as trade secrets. If you really have stuff you want to protect you should get with a lawyer and make sure your policies are legit and consistent and that you are treating your trade secrets as trade secrets. Otherwise you will find out how expensive a trade secret lawsuit is and likely lose.
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