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.)
(Score: 2) by krishnoid on Thursday May 23 2019, @07:32PM
When getting ready to leave your current job, make sure you do everything you can to make that industry obsolete first.
(Score: 1, Funny) by Anonymous Coward on Thursday May 23 2019, @08:00PM (2 children)
I guess all those years of learning how to fill out TPS reports mean I'm always going to fill out my old employer's information on them. Those TPS reports are going to haunt me the rest of my career, aren't they Bob?
(Score: 0) by Anonymous Coward on Thursday May 23 2019, @08:51PM (1 child)
Read the tfa
(Score: 0) by Anonymous Coward on Thursday May 23 2019, @09:53PM
Whoosh Clearly you should spend more time watching the movie and less time reading TFA.
(Score: 1, Interesting) by Anonymous Coward on Thursday May 23 2019, @09:47PM (7 children)
Was the author just trying to come up with reasons to avoid hiring women?
Or did she just feel the need to use the female pronoun to prove to all her fellow feminists that women are constantly being oppressed in the workplace with badly thought out non-compete legislation like this?
(Score: 0) by Anonymous Coward on Thursday May 23 2019, @09:55PM (5 children)
Maybe, just maybe, the court case in question involved a female employee? The only way to be sure would be to RTFA.
(Score: 2, Informative) by Anonymous Coward on Thursday May 23 2019, @10:34PM (3 children)
Nope. All actual referenced examples in the article involve males (even one guy working at ‘Bimbo Bakeries’ - I’m not kidding, that’s an actual example given). One example was even gender neutral calling out the defendant as ‘the employee’.
(Score: 2) by Runaway1956 on Friday May 24 2019, @01:11AM (2 children)
FYI, Bimbo is a Mexican brand, sold widely throughout the southwest. I often pick up a Bimbo branded cupcake, sometimes some bread. I suppose it's sold everywhere in Mexico.
Trade secrets in a bakery? Wow. That's interesting . . .
(Score: 0) by Anonymous Coward on Friday May 24 2019, @02:30AM (1 child)
Bimbo has a bakery in La Crosse, WI.
(Score: 2) by Runaway1956 on Friday May 24 2019, @02:57AM
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.
(Score: 0) by Anonymous Coward on Thursday May 23 2019, @11:01PM
But that would tear a sizable hole in time and space...
(Score: 2) by DeathMonkey on Friday May 24 2019, @05:57PM
TRIGGERED!
(Score: 2, Insightful) by Anonymous Coward on Thursday May 23 2019, @11:24PM (4 children)
that this only seems to affect the little people and not the C-suite goons?
(Score: 0) by Anonymous Coward on Friday May 24 2019, @12:02AM
The C-suite goons get bonuses and whatever to keep them on board.
The little guys are held there by threat of lawsuits.
(Score: 2) by darkfeline on Friday May 24 2019, @02:06AM (2 children)
The C suit goons don't have any useful technical knowledge to disclose.
Join the SDF Public Access UNIX System today!
(Score: 2) by Runaway1956 on Friday May 24 2019, @02:32AM (1 child)
True, but a "trade secret" may not be technical at all. The insurance industry has a "trade secret", in that they generally reject and/or dispute every claim, in the hopes that you'll just pay your own bills, and go away. I have no citations, but I've heard it so often, I'm convinced that it's probably true.
(Score: 2) by darkfeline on Friday May 24 2019, @04:04AM
Well, if all the insurance companies are in on it, it doesn't really matter of a CXX brings that "trade secret" from one insurance company to another one, does it?
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