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posted by martyb on Thursday May 23 2019, @07:27PM   Printer-friendly

https://writtendescription.blogspot.com/2019/05/inevitable-disclosure-injunctions-under.html

The inevitable disclosure doctrine is a fancy name for what is basically a special type of employment injunction. As one California court put it, before purporting to reject the doctrine, "[t]he inevitable disclosure doctrine results in an injunction prohibiting employment, not just use of trade secrets." See Whyte v. Schlage Lock Co., 101 Cal. App. 4th 1443, 1458 (2002) (rejecting inevitable disclosure doctrine as creating an "after-the-fact" non-compete agreement).

The idea is that the employee just won't be able to help it, despite her best intentions, because she knows such specific and sensitive information; is about to switch jobs, and loyalties, to work for a direct competitor; is doing precisely the same work as she did before; and she's maybe not all that trustworthy to begin with. Factors that make the remedy possible are direct, intense competition; that the prospective employer is in a position to benefit; that the employee will have similar job duties at the new company; and that the employee has engaged in suspicious acts, leading his trustworthiness to be questioned.

(Emphasis in original.)


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  • (Score: 0) by Anonymous Coward on Friday May 24 2019, @02:30AM (1 child)

    by Anonymous Coward on Friday May 24 2019, @02:30AM (#846899)

    Bimbo has a bakery in La Crosse, WI.

  • (Score: 2) by Runaway1956 on Friday May 24 2019, @02:57AM

    by Runaway1956 (2926) Subscriber Badge on Friday May 24 2019, @02:57AM (#846912) Journal

    Interesting - quick search to double check that they are actually Mexican -

    https://en.wikipedia.org/wiki/Bimbo_Bakeries_USA [wikipedia.org]

    I wouldn't have thought they would be found that far north, but, there's no reason for them to restrict themselves to the southern US.