What can that employer do to protect his or her rights? Knowing what not to do is just as important as knowing what to do. By keeping several things in mind, a concerned employer may be able to achieve positive results when false harassment accusations arise.
An employer may understandably feel frustrated or angry when a worker has falsely accused him or her of harassment. It might be tempting to pass the worker over for a promotion, to move him or her to a lower-tiered job or perhaps even to terminate the worker’s position. This would no doubt make matters worse because the employee could claim that the employer learned of the harassment claim and took action against the worker because of it.
It is never a good idea to confront an employee who has alleged harassment against an employer. Instead, the employer will want to review company policies, gather evidence and build a support network by seeking guidance through the HR department. It is also helpful to consult with an employment law attorney who is experienced in advocating on behalf of employers in court.
]]>There are legal ways available to you that will allow you to protect your trade secrets. While you may assume that your employment processes and other types of screening methods are sufficient to protect these assets, that may not be the case. Your company could benefit from employing outside counsel in order to secure the appropriate amount of protection your business needs to shield your trade secrets from unauthorized access and potential use by your competition.
The protection of trade secrets requires certain legal steps, but as every situation is different, your company will benefit from having the assistance of a professional that can properly assess the situation and provide insight into the most appropriate ways forward. The protection of trade secrets often requires the following steps:
Outside counsel with experience in trademark law and trade secret protection can ensure that you have the necessary protections in place for your business. One important way to do this is by creating employment contracts that include non-compete and non-disclosure clauses.
There is no one-size-fits-all solution for protecting trade secrets. While there are specific legal and logistical measures that will help in this endeavor, the best approach depends on the details of your company, the types of trade secrets that need protection and other factors. It may be helpful to first seek an assessment of your case with outside counsel in order to understand what steps are necessary for your California company.
]]>A woman who had worked for a non-profit organization filed a claim against her employer, citing a violation of the FEHA regarding pregnancy discrimination. She reportedly had given birth and then suffered complications afterward, which, she says, she verified with documentation provided to her employer. The woman claimed that the employer forced her out of her job through harassment and impeded her ability to obtain employment elsewhere.
The lower court that initially heard the woman’s claim ruled that she failed to prove that her employer had violated the FEHA or that the company had harassed her or discriminated against her because of pregnancy. The plaintiff filed an appeal, but the appellate court upheld the rulings of the lower court. In its ruling, the court ruled that accommodating the worker’s request for an adjusted schedule to avoid stress during pregnancy would have required her to be excused from her duties and replaced by another employee.
Many California employers worry that workers will always win employment law claims against them. In fact, many employers, such as the company mentioned in this post, walk away with a victory in court when a plaintiff fails to substantiate a claim. An employer who is concerned about pending litigation may schedule a consultation with an experienced attorney for guidance and support.
]]>If a breach of contract occurs or a trade secret is shared without authorization, a business owner or employer may have grounds for litigation. Before pursuing such options, however, it is important to know more about intellectual property laws. In fact, it is particularly helpful to gain an understanding about what type of information constitutes a trade secret in California.
In 1979, the U.S. government enacted the Uniform Trade Secrets Act (UTSA). California is one of many states that has adopted the UTSA as law at the state level. Under the state civil code, a trade secret is defined as:
“Information” includes any patterns, formulas, methods, devices, programs, ingredients, methods, techniques or processes that give the owner of the information an edge over competitors.
An example of trade secret theft would be a worker who quits a job and then shares proprietary information (information not available to the government or public) to an individual or group for profit or gain. If a California business owner can demonstrate that information was protected under trade secret laws, and efforts were made to retain its privacy, and that misappropriation occurred, grounds exist to file a civil lawsuit. An intellectual property attorney is a great asset to have on hand in such cases.
]]>A properly drafted and executed NDA is enforceable in court. In most cases, “properly” means that both parties (employer or business owner and prospective employee or other individual or group) must have something to gain by securing the agreement. If you’re an employer, you gain the protection of proprietary information. An employee gains continued employment.
As is the case with all contracts, the terminology used in an NDA is a factor that determines whether it is enforceable. When reviewing a contract, you’ll want to make sure its terms are clear, concise and understood by all parties. If it is vague or there are multiple interpretations possible for a specific clause in the agreement, it may be difficult to prove that a breach of contract has occurred.
An NDA would not be enforceable if it requires a worker to refrain from reporting an issue that he or she is legally required to report. If you ask an employee to ignore a legal duty, you cannot expect a court to enforce the contract. The best way to avoid legal problems regarding an NDA or other type of employment contract is to ask an experienced attorney to review an agreement before signing.
]]>Before a company can sell products like Fanapt or Hetlioz in the United States, it must seek FDA approval. Vanda claims that after doing so, the FDA then gave confidential information to other companies. The FDA approved Vanda’s products, then also approved generic products made by the other companies in question.
In its claim against the federal government, Vanda alleges that the FDA often provides confidential information it obtains from companies during the approval process to companies that manufacture generic forms of the same drugs. Vanda also claims that the information it believes the FDA has provided to generic drug manufacturers regarding its products has to do with dissolution specifications, which affect the safety and efficacy of a drug. The FDA indicated it will not comment on any issue that is currently pending litigation.
If a California business owner believes an individual or company has stolen its trade secrets to use them for financial gain, the business owner is entitled to file a legal claim seeking restitution for damages. This is a complex area of law, which is best handled by an experienced attorney. A first step to take to resolve a trade secrets problem is to schedule a consultation with an attorney who is well-versed in intellectual property laws.
]]>There are numerous issues that could land you in court because of an employee’s legal claim. These cases often involve allegations of discrimination or harassment in the workplace, wrongful termination or class action lawsuits regarding wage or hour disputes. Depending on the issue, the case might be heard in a state or federal court.
In some cases, you may not even have to step foot in a courtroom to resolve the problem. Alternative dispute resolution options, such as mediation or arbitration, may be a less confrontational way to find a reasonable solution to a workplace problem. If litigation is necessary, it’s best to act alongside an attorney who is well-versed in California employment laws.
Whether you’re a defendant or plaintiff, the future of your business could hinge on the outcome of your case. By scheduling a meeting with Sorenson Law Group before heading to court, you can tap into a strong support network that can act on your behalf throughout proceedings. You can be confident that having an experienced attorney at your side will help you protect your company’s bottom line and reputation.
]]>A unanimous verdict was required in the case. As it stands, six of the jurors sided with Apple. One juror, however, staunchly supported Masimo and refused to change her vote. The jurors sent a note to the judge asking for guidance as they were unsure how to resolve the issue. The judge considered delaying the verdict overnight, but the jurors insisted their votes would remain the same, so the judge declared a mistrial instead.
Before the mistrial was declared, Apple and Masimo were litigating a trade secrets issue. Specifically, Apple was accused of poaching Masimo employees and obtaining trade secret information from them to develop a new product, the Apple Watch. There was a lot at stake for Apple as Masimo was seeking close to $2 billion in damage, as well as the co-ownership of five Apple patents. Masimo claimed that the patents were developed using its technology.
Masimo has publicly stated that the mistrial will not keep the company from pursuing legal redress against Apple. Litigation involving trade secrets is a complex area of law and, as made evident in this case, often difficult to resolve. An intellectual property law attorney can protect a client’s interests and increase the chances of obtaining a favorable outcome in court.
]]>For instance, under current laws, can an employer fire a worker without notice? The answer in most cases would be, ''Yes,'' unless the issue at hand is relevant to state or federal Worker Adjustment and Retraining Notification (WARN) Acts. However, what if the worker in question is a member of a labor union? Issues like this can add complications to a case when an employee accuses an employer of wrongful termination.
An employer might decide it’s necessary to fire a worker without giving formal notice ahead of time. That worker may turn around and file a complaint, alleging that the termination was an act of discrimination or retaliation. In such circumstances, an employer could encounter challenges in trying to obtain a favorable outcome in court.
At Sorenson Law Group, in California, an employer can connect with an experienced legal team that provides guidance and support to those facing accusations regarding a violation of employment laws. Unless extenuating issues apply, it is often lawful to terminate worker's employment at will, without notice. To protect an employer's rights and increase the chances of obtaining a favorable outcome, it is always best to request legal assistance before heading to court.
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