Archive for August, 2010

Virginia Judge Voids Non-compete, Enforces Non-solicitation Provision in Employment Agreement

Wednesday, August 25th, 2010 | Noncompete Litigation, Noncompetition Litigation | No Comments

Settling the dispute between IT professionals and their former employer in Daston Corp. v. MiCore Solutions, Inc., Fairfax Circuit Judge Michael F. Devine held a non-compete provision in an employment agreement void while also holding the agreement’s non-solicitation provision enforceable.  The judge found the non-compete too broad, because it prohibits the IT professionals from providing their cloud computing services to anyone in the United States for one year following termination.  However, the judge found the non-solict to be no broader than necessary for protecting the employer’s “legitimate business interest,” because it merely limited the solicitation of the employer’s prior and current clients for two years. 

For information about The Employment Law Group® law firm and Non-Compete Litigation, click here.

California Court of Appeal Broadens Scope of Wrongful Termination

Friday, August 6th, 2010 | Noncompete Litigation, Noncompetition Litigation | No Comments

The Court of Appeal held in Silguero v. Creteguard, Inc. that an employer can be liable for wrongful termination when firing an employee for having signed an unenforceable non-compete agreement with their prior employer.  Under Tameny, employers cannot terminate employees for a reason that is contrary to public policy.  The court ruled that honoring an unenforceable non-compete agreement violates the public policy declared in Section 16600 of the California Business and Professions Code which favors employee mobility and open competition amongst employers.  Click here for the full opinion.

The employment lawyers of The Employment Law Group® law firm have substantial experience litigating Wrongful Termination claims in California and other states. For more information, click here.

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