Legal Question in Intellectual Property in California
Salesman for my company
I have a painting company. I am going hire a salesman. Which form should I use to protect myself from the salesman using what he learns about this business for himself or others.
2 Answers from Attorneys
Re: Salesman for my company
In California, non-compete agreements are just about worthless. They need to be very specifically crafted to be enforceable. Trade Secret Law in California forbids anyone from using any trade secrets that the employee learns from you from being used elsewhere.
I would suggest a well-worded Non-Disclosure Agreement specifically detailing what you believe to be that what is non-disclosureable. Anything that is public knowledge is not protectable, even items like vendor or customer lists. For example, an salesman of Sinclair Paints knows who their customers are, but so can Joe Blow by walking into a store and looking or asking for Sinclair Paints. If your painting business has some secret recipes or techniques, consider copyrighting or otherways to protect it. California is employee-oriented in this matter. Trade Secrets are pretty narrowly drawn.
Call or email me if you want more details.
Re: Salesman for my company
i would suggest at least an employment agreement that covers your trade secrets
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