Legal Question in Business Law in Minnesota
non-competes
When an employer has filed a complaint regarding non-compete for a employee leaving. Can they speak about it with current employees or disclose that there has been a suit filed?
2 Answers from Attorneys
Re: non-competes
They SHOULDN't but they may unless ordered not to by trial judge.
Re: non-competes
To some extent, this will depend on the terms of the employment contract. I have worked with an employer that included a "gag" rule in its employment contract, and although the provision was rather dubious in its meaning, it nevertheless had a deterent effect.
Absent such a provision in an employment contract, there is nothing to prevent the departing employee from speaking to other employees -- although that may depend on the current state of the litigation.
I would need additional facts to further comment on the matter. If you are already working with an attorney in this matter, you should address to his or her attention. If not, you may feel free to contact me if you have other questions or concerns.
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