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Tampa Business Litigation Blog

Are restrictive covenants part of your employment agreements?

Having a business can offer many opportunities that other professions may not. Of course, you certainly had to work hard in order for your company to reach the level of success that it has, and you do not want to risk allowing trade secrets or other important information to slip into the wrong hands. As a result, you may carefully assess your potential employees and want them to sign an employment agreement.

Though these agreements may provide details regarding expectations, pay and other information pertinent to the day-to-day workings of the business, you may also want to include restrictive covenants. These covenants could work to ensure that your employees understand that certain actions are not allowed per your agreement.

Pursuing restitution when subjected to discrimination in Florida

There are a variety of circumstances in which an individual in Florida or elsewhere may be subjected to unfair treatment at work. While there are laws in place to protect a person against discrimination, unfortunately, many continue to suffer under similar circumstances. Those who face a similar situation may wish to pursue restitution accordingly, but they might be uncertain how best to approach the situation.

Discrimination can come in many forms and fashions, each of which could have a devastating impact on a person's life. Those who experience unlawful treatment based on factors such as race, sex or a disability may suffer in a variety of ways. Along with the emotional harm that might be involved, such treatment can also cause one to miss out on opportunities for career advancement for unjust reasons.

Noncompete disputes can arise in various fields of employment

In the pursuit of protecting closely held secrets, many businesses in Florida and elsewhere require employees to sign noncompete agreements prior to beginning work. While at the time these contracts might not seem important, such an agreement could have an impact on one's ability to obtain employment with another company within a given period, especially if that company is a rival. This can lead to noncompete disputes that could prompt a need for an individual to seek guidance on how best to proceed.

Noncompete agreements are contracts that could prohibit employees from pursuing a position with a competitor of the previous company for a set period of time. These agreements may be more common among higher ranking employees and in innovative fields such as those pertaining to technology. However, a multitude of professions may feel the need to protect business interests through similar methods, and could require most or all employees to sign such an agreement.

Investment disputes can spur a need for securities litigation

Many individuals in Florida and elsewhere have chosen to entrust their investment options into the hands of a financial adviser. While this decision isn't a guarantee of success, one does have the right to a certain standard of performance. Should a person feel as though another party has acted unlawfully, he or she could choose to pursue restitution through securities litigation.

When a person chooses to enlist the services of a financial entity for investment advice, he or she may do so with the understanding that there is no promise of automatic profits. However, one does retain the right to receive recommendations and service in accordance with his or her preferred level of risk, as well as documentation of any and all financial agreements and transactions. Should these transactions result in a monetary loss, one might have to simply accept this risk and move on, but if the presence of wrongdoing is suspected, further action may be in order.

Alphabet and Uber engaged in intense trade secret disputes

Many businesses in Florida and across the company keep a close watch on business interests, especially those that operate in innovative fields. Should a company feel as though an employee or business partner is using inside information unlawfully, trade secret disputes may ensue. Alphabet has recently filed a lawsuit against Uber, in which it accuses the other party of misappropriating numerous trade secrets.

In its initial claim, Alphabet accused Uber of mishandling as many as 120 trade secrets. However, a judge ordered the company to reduce the number to eight, and has even ruled that the expert opinion of a key witness wasn't reliable. These secrets are reportedly in relation to the innovative technology behind self-driving vehicles. The company asserts that an engineer stole inside information prior to selling his company to Uber.

Qualcomm accuses Apple of breach of contract

When two or more companies in Florida and across the country enter a business relationship, a contract is signed by all parties that dictates the terms of the agreement. If one side believes that another is failing to uphold its part of the arrangement, it may choose to pursue restitution through litigation. Qualcomm has recently filed a lawsuit against Apple, accusing the company of breach of contract.

In the lawsuit, Qualcomm has accused Apple of violating the terms of service of a licensing agreement for software used in the production of chips for cell phones. The company claims that Apple has been dishonest in its dealings in an attempt to reduce the price of the chips. Qualcomm also asserts that it might have used its access to sensitive information to provide aid to Intel Corp., which is a rival in the chip-making industry.

Age discrimination could limit one's employment prospects

With an ever-increasing demand in products, and seemingly unlimited room for growth and advancement, many individuals in Florida and elsewhere may be seeking employment in the technology industry. With a multitude of fully capable individuals applying for each position, competitions can run high in a similar setting. Unfortunately, a similar business model has some employees fearing a loss of employment due to their age, and being subjected to such discrimination can be devastating.

According to reports, a recent study was conducted into the impact a person's age might have on his or her ability to retain a position in the technology industry. When asked if age was an issue, nearly half of those who took part in the survey admitted to an increased fear of losing their positions with each passing year. Some may believe that similar concerns could arise due to the amount of importance placed on image, or a belief that a person's age might impact his or her ability to keep up with others in a similar field.

Is your employer being unreasonable about accommodations?

It has been a long, slow victory for people who suffer handicaps, having to fight year after year for the smallest gain. Even finding a parking place to accommodate your van or wheelchair can be difficult, despite laws providing reserved spaces for those who need them. These simple accommodations may allow you to participate in activities others take for granted, yet some people still resent them and feel that somehow you have special privileges by taking a prime parking space.

You may be used to these people who react from their ignorance, but you never expected to encounter such behavior in the workplace. After hiring you for the job, if your boss refuses to make reasonable accommodations, is he or she breaking the law?

Citrix systems and Egnyte embroiled in noncompete disputes

In the age of technology, the level of competition between companies in Florida and elsewhere can be fierce. Individuals who choose to work in this particular field may place a high priority on obtaining the best position available, which could lead to frequent changes in employment. While in some cases, losing an employee can simply be unfortunate, if they move to a rival company, it can lead to intense contract and noncompete disputes.

Citrix systems, which is a giant in the software industry, has recently sent cease-and-desist letters to several former employees, who have all left to work for a startup company named Egnyte. Citrix claims that the move is in violation of their noncompete agreements, and is seeking to bar their new employment opportunity. Shortly after receiving the news, Egnyte reportedly went to courts in the state in which it is based and filed a lawsuit against the other company.

Health agency seeks restraining order amidst noncompete disputes

When an individual faces a loss of employment, he or she may choose to pursue future work in a similar field. However, if a contract is in place to prevent one from pursuing work with a rival, previous employers in Florida and elsewhere may wish to block such a move to protect their business interests, which can lead to complex noncompete disputes. A behavioral health agency in another state is reportedly seeking a restraining order against a former employee, claiming that her new position is in violation of her noncompete agreement.

The woman was previously employed as CEO at Zepf Center, and was released in relation to allegations of misconduct. The company claims that she sought a position with Empowered For Excellence, which is a rival business that is located a short distance from her previous employer. According to Zepf, this move was in violation of a noncompete agreement, which states that she cannot work for a competing agency within 25 miles for up to 12 months after leaving the company.

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Barker Cook

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