28

Prove my work is not a trade secret violation Please don't. It's not your job to prove your innocence. The burden is on them to be specific, explain fully, and prove specific claims about your actions. In other words, don't justify, don't explain, and don't defend yourself to them. It's actually best you do not say anything to them, and just forward the ...


13

I have already contacted a lawyer and paid all the money I had and they didn't help me resolve anything, the guy just talked to me for a little bit. He essentially just took my $600 and no action was made. He said the best thing to do would be to wait it out because the contracts were never fulfilled by them and they can't claim my inventions etc ...


13

A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire employees who refuse, whether immediately or at the end of their current term, as another answer observes. Indeed, if Big Company makes an NC a condition of ...


10

The code is one thing, but what about concepts, ideas, layouts, and designs? Setting aside the question of the appropriate court for this action (Federal Court in Oregon or a court in Canada) you need to really think about your product and any components of the product which find their most minuscule source at Company X. Not that you will be liable for ...


10

I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (most likely), they can present you with a "sign or be terminated" ultimatum. In case you have a term employment contract, you can be forced to sign at the end of ...


8

The employer is now alleging that I might have stolen the code and created my own version but that is truly not the case. Every line of code has been written from scratch. This should be easy to demonstrate if it comes to that. There are automated tools which can measure similarity of source code pretty reliably (up to renaming and reordering). You could ...


5

They can reverse engineer your code to prove their secret has been stolen. As Stephan Branczyk points out, your help is not needed in this process. Your lawyers only response should be: No trade secrets were stolen, all demands are refused. (or whatever the technical term is, i am neither a lawyer nor a native speaker) I wouldn't even ask or discuss what ...


5

Algorithms can be patented, e.g., https://en.wikipedia.org/wiki/RSA_(cryptosystem)#Patent (and see, e.g., https://en.wikipedia.org/wiki/Software_patent for further discussion). Copyright is only for specific code. So if your Company A has copyrighted the code you wrote, but not patented the algorithms implemented by that code, then you can subsequently go ...


5

Arizona recognizes non-compete agreements. Taser Intern., Inc. v. Ward, 231 P.3d 921 (2010) reflects the relevance of the existence non-compete agreement. However, the mere existence of a non-compete clause does not guarantee it will be judicially enforced or recognized. The not-binding opinion Treeline Design Group, Inc. v. Gonshorowski reflects an ...


5

Can non-competes be enforced after expiration? Strictly speaking, it can no longer be enforced. Instead, company X may still obtain remedies for your breach of contract (I am definitely not "condemning" you, as I totally understand your position; I'm just explaining the vulnerability to which you are exposed). What you call expiration is more of a "...


4

Your non-compete timeframe doesn't start when you signed the non-compete, it starts when you actually separate from them. For instance, you signed in 2001, worked until 2011, and now it's 2015. If, for example, your non-compete period was 5 years, you are still within it. However, more and more courts are striking down onerous, career-killing non-compete ...


4

Such a clause must be presented before or at the same time the offer is made. The (somewhat new) law NH RSA 275:70 says Any employer who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the ...


4

Some jurisdictions tend to favor non-compete agreements, others hold most of them to be unenforceable. From a very quick search, BC is a little reluctant to enforce them, but they can be valid if sensibly drawn. However, the text you included in the question is not a non-compete agreement at all, it is a non-solicitation agreement, a much less restrictive ...


4

Can they? Well, they'd sure like it if you signed. I'll guarantee you that their agreement is entirely to their benefit, and not to yours. This happened to me once, back in the halcyon days of the 1990's. The company I worked for (a small-to-middling size contracting firm in the wilds of northern Ohio) was being sold to a large-ish national contracting firm ...


3

Restraint of trade clauses are tricky. They are only enforceable if there is a legitimate interest which needs to be protected and only to the minimum extent needed to protect that interest. Therefore, you must have specific business knowledge (algorithms, code, customer information etc.), not general knowledge (stuff taught in schools or generally available)...


3

In legal terms, they have no valid claims. What's more important is to know what they want to achieve. Do they fear your competing product and want to ban it from the market? Are they looking for some compensation payment i.e. free money? Does someone there dislike you and just wants to hurt you? Does someone feel injustice has been done and wants to see ...


3

Yes, this is a very common use of a "reading down" provision used in lots of contracts, albeit worded in an unusually clumsy way.


3

NDA provisions in general are rather similar. In particular the ones covering the exceptions to the confidentiality obligations required to the receiving party. Such provisions normally have the following wording (more or less): Information shall not be treated as Confidential if: - at the time of disclosure is already in the public domain or becomes ...


3

IANAL; I am not your lawyer. If you want specific legal advice, retain a lawyer. In general, non-compete clauses in employment contracts need four things (Arizona source: https://www.allenlawaz.com/non-competes-legal-arizona/): 1) They need to be reasonable in their terms 2) They need to be limited geographically 3) They need to be limited temporally 4) ...


3

You need to hire an attorney to deal with your specific situation. I won't offer a judgment of the likelihood that you would prevail in court, but I will point to some basic principles that suggest there could be a problem with the agreement. The case of Orca Communications Unlimited, LLC v. Noder is relevant for Arizona law. Some relevant principles spelled ...


3

From the information given, Clinic A has not entered into any contract with Clinic B. Hence, Clinic B may have acted in bad faith when they told the client to shun A. This may be grounds for damages.


2

(Based on previous comments. IANAL and IANYL) Whether or not it is competition depends on who is more convincing in court. Whether or not you violated the NDA depends on the exact terms of the NDA and how they are interpreted in your jurisdiction. Based only on the information you're giving here - that their site is a marketplace for cars, and yours is for ...


2

Non-compete clauses are very common in professional contracts. They serve to protect the legitimate business interests. Non-complete clauses can be overturned if they are excessive - too great of a geographical range, or too long of a time period. It's difficult to say what may be in the contract, though. You should read your employment contract in its ...


2

A noncompete clause is a section of a contract whereby one party agrees not to compete with another party. These agreements are usually (always) limited as to time, geography, and scope. In other words, if you had a dog-walking business in your neighborhood you might like to hire someone to help walk some dogs. You'd like this person to agree not to compete ...


2

Anti-competition clauses are legal under UAE law, see here and here. Article 127 of UAE Labour Law specifically allows non-compete clauses related to access to clients of business secrets, provided that the agreement must be confined, in terms of time, place and the nature of the business, to the extent necessary to safeguard the employer's ...


2

New company first. You and they have a binding contract and neither of you have legitimate grounds to terminate it. If your new employer repudiates the contract you can sue them for damages at contract law and unfair dismissal under employment law if that is a thing where you are. Similarly, if ultimately the restraint clause with your former employer is ...


2

Yes it is a breach of contract. Your LLC will not limit your non-compete liability. There is a matching case: Gilford Motor Co Ltd v Horne [1933] Ch 935.


2

Simply signing an agreement like this does not mean it's valid. There are way too many facts unknown at this point to determine what a court might do. OP, what you've provided does not tell us about your non-compete agreement. Are you barred from opening the same business within a certain radius? Are you barred from using any intellectual property - even ...


2

Defining "reasonableness" is pretty much always going to be a fact-intensive inquiry in a non-compete case. The answer can depend on lots of things, including the nature of the work, industry standards, the size of the market, the training/experience/education required of employees, and so on.


2

"Productive time" is almost certainly the time you are being productive. You're allowed downtime, and time when you're furthering the Company's interests, but not time when you're doing something productive that's not for the Company. You don't have any productive time that isn't working for the Company, or you're in violation of your contract. Besides, ...


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