Legal Question in Employment Law in California
right to pursue my chosen profession
Before leaving my former employer, I was told to sign a statement saying I would not design equipment in the exact same way that I did for their company for anyone else. After sending a resume to a potential employer, I have been sent a threatening letter that legal action will be made against me if I pursue any job related to any similar design of this type of equipment. This says to me that I cannot look for a job designing equipment that is similar but not the same. The design is not covered by any patents and the process is the same as used by many companies throughout the US to perform the same funtion. Can they prevent me from working?
1 Answer from Attorneys
Re: right to pursue my chosen profession
Probably not, but I would need to have more detailed information about the kind of work that was being done and I would need to see the contract you signed. It would probably depend on whether the work that you did was a method that you used would qualify under the law as a trade secret. If there is nothing about your work that is not already known by everybody else in the same industry, then it cannot qualify as a trade secret. If you would like to discuss this matter in more detail, please give me a call. I will not charge you for the phone call.