Legal Question in Intellectual Property in California

Hi, sorry for your difficulties but you should immediately see an attorney. If you don't timely respond to complaint, you could default your case and then owe whatever damages the former employer seeks. Past employer labor violations may or may not be relevant, but should be discussed with counsel. In any event, there is more information that needs to be ascertained in order to make an effective defense for you.

Please contact my office via my website at www.CleverLegal.com to discuss your options. Your issue may be time-sensitive and may result in loss of rights if you do not act in time. Thank you.

Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice and you should not rely upon it as more specificity in a consultation may reveal facts or other information which could change the result. You should consult an attorney for legal advice addressed to your individual situation.

Contact an attorney in your area right away. You need to respond to the lawsuit or your employer can get a default judgment against you. Again, contact an attorney immediately.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Of course, I'm going to repeat the advice to see an attorney; writing a responsive pleading in a matter of this kind is no job for the defendant himself or a legal assistant! Several additional things seem to be worth pointing out here. First, the main line of defense to lawsuits like this is to invoke Business & Professions Code section 16600 which says (I paraphrase from memory) "Any contract which attempts to restrict anyone from engaging in any lawful business, trade or profession is, to the extent of the restriction, void." California has a very strong policy in favor of employment mobility, and contracts of this kind are routinely found unenforceable by our courts.

Second, a lawyer can and should review other similar cases this employer has filed, at least briefly, to see what has happened in those other cases - a review of the prior cases will show what factors have resulted in defendants prevailing, and, if the employer sometimes wins, why it has won.

A final comment - if the employer is going to win, it will probably be on an issue that is collateral to competing, per se. Often, the employer will allege misappropriation of trade secrets, which is indeed illegal; or perhaps, interference with its contract rights with a customer as a result of trying to recruit other employees, which might be improper in some cases.