Unfair Competition

California employers often see employees quit to work at competitor or to start a competing business. You must be vigilant in protecting the company against attempts by these competitors to steal your clients, raid your employees, and use your business secrets against you. Our employment lawyers can help you minimize the risk of Unfair Competition by drafting strong confidentiality, non-disclosure and non-solicitation agreements and, in the event of litigation, will vigorously represent you in unfair competition claims.

Fair vs. Unfair Competition

The Need for Fair Competition

We live in a great country and a great state. Both are built on a free market economy based on supply and demand. This valued and fundamental policy of “free market” is built into California law. Therefore, any agreement by which “anyone is restrained from engaging in any lawful profession, trade, or business of any kind” is “void.” Not “voidable” but void as if it never existed in the first place.

Protection Against Unfair Competition

But these days employees jump ship to a competitor or start their own competing business and steal your clients, raid your employees, and use your business secrets against you. For California employers trying to protect their businesses, this has been challenging. With an increasingly mobile, information-based workforce, the problem is accelerating. Read More »

Preventing Employment Law Problems

Avoid Emergence of Employee Legal Problems Many business owners and entrepreneurs tell us that dealing with employment law matters ranks among their least favorite management activities, while also being one of their greatest concerns. Understandably, they wish to focus their efforts on activities which generate revenue and which keep their customers happy and their employees [...] read more

Top 10 Preventable Employee Lawsuits

Wage and Hour Claims Discrimination Claims Wrongful Termination Claims and Whistle Blowing Claims Leaves of Absence Related Claims Harassment Claims Breach of Contract Trade Secret Misappropriation and Unfair Competition Defamation Claims Invasion of Privacy and Drug Testing Class Actions, and Business and Professions Code 17200 Actions (Download Full Report (PDF)) Avoiding Employee Lawsuits The California [...] read more

Litigation Defense

Limiting Costs and Liability Employment law litigation is expensive, which is why much of Vision Law’s practice involves helping employers prevent the emergence of labor problems that could result in an employee lawsuit. Unfortunately, we find that in many cases employers only come to us for help after a problem has emerged. In these situations, [...] read more

The “Work Around” To Unlawful Covenants Not To Compete

Employee Covenants Not To Compete California law (Business & Professions Code section 16600) makes all contracts that restrain anyone from engaging in a lawful profession, trade or business void. Void – meaning such contracts/agreements are simply not legally enforceable. California courts have viewed this section very broadly when asked by employers to enforce them. A [...] read more

Employee Handbook Law

An employee handbook is a compilation of labor laws in the state that are applicable to the employees. At Vision Law, our attorneys have considerable experience in the creation of such handbooks. A  free custom Employee Handbook is included when your company signs up for Vision’s Predictable Fees Program (12 month subscription). We have the experience [...] read more

Trade Secrets

Protecting the “Secret Sauce” The law of trade secrets has broader application than to employee relations. But the problem often arises in the employment setting, usually when a departing employee feels they can take your “secret sauce,” steal your clients and start a competing business with impunity. What Is a Trade Secret? Trade secrets are [...] read more

FAQ: Employment & Labor Law for Small Businesses

Should my small business be concerned with employment and labor law? Yes. Many laws apply even if your small business only has one employee. Once your business hits five employees most major employment and labor laws apply. Even micro businesses in California are subject to employee claims. “What kinds of employment and labor laws apply [...] read more
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