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Wendy Elizabeth Lane

Wendy Lane’s Answers

2 total

  • If I signed a one year contract with a non compete clause, after that year if I continue employment will that clause hold?

    I had a year contract with a non-compete clause in 2009 and when that year ended i continued working and did not sign another contract, which I think makes me an at-will employee. The non-compete clause said stated that the non-compete is valid fo...

    Wendy’s Answer

    Non-compete clauses are often drafted to provide that they "survive" termination of employment as well as termination of the employment agreement. However, in California, it is very difficult for an employer to enforce a non-compete against an employee. (While there are certain exceptions when a non-compete, I do not see any facts in your question which would lead to those exceptions. For example, it does not appear that you entered into a non-compete in connection with the sale of the business to the new employer). However, keep in mind that even if there is no non-compete agreement, it is illegal for an employee to use trade secrets of a former employer to unfairly compete with the the former employer.

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  • When fillig an EEO complant should someone provide all proof and documentation to EEO investigator. Or wait to give to attorney?

    Filed Withh Department of the army. Dont have representation yet. EEO at place of emoloyment is doing an informal investigation. Not sure If I should give them a "heads up prior "to obtaining legal representation.

    Wendy’s Answer

    Whether you hire an attorney or not, you should turn all documentation over to the investigator. Many employees opt not to hire a lawyer because they don't want to share 30-40% of a settlement or judgment with their attorney.

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