Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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Time to Dust Off Colorado Physician Liquidated Damage Provisions

Time to Dust Off Colorado Physician Liquidated Damage Provisions

By: Gillian McKean Bidgood

Many Colorado physician employment agreements and equity agreements require physicians to pay liquidated damages if the physician competes with his/her former employer after leaving the organization.  The payment of damages are a work-around of the Colorado statute on restrictive covenants, which provides that a physician cannot be prevented from practicing through a restrictive covenant, but permits an organization to require a physician to pay for damages caused by termination of the employment or equity agreement, including damages caused by competition. Two recent legal developments suggest that health care organizations should take a look at their agreements that contain damages provisions for Colorado physicians. 

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Employer Beware: Considerations When Hiring a Competitor’s Employees

Employer Beware: Considerations When Hiring a Competitor’s Employees

By: Emma Schuering

Restrictive covenants, such as non-competition and non-solicitation agreements, typically assist employers to protect their legitimate business interests.When properly drafted and implemented, an employer can use these types of agreements to limit an employee’s ability to unfairly compete after he or she concludes employment.

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Five Strategies for Protecting Trade Secrets

Five Strategies for Protecting Trade Secrets

By Emma R. Schuering and Eric E. Packel

In a post-Defend Trade Secrets Act world, employers have a host of civil remedies available to them for the misappropriation of trade secrets under both state and federal law. To obtain relief, an employer must establish that the information it claims is subject to trade secret protection is, in fact, protected as confidential and secret. Below we outline five actions an employer might consider to demonstrate it has taken the necessary measures to protect the secrecy of its confidential information. 

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Protect Your Business – Restrictive Covenant Agreements

Protect Your Business – Restrictive Covenant Agreements

By Katharine K. Sangha

Many states allow businesses to require employees to sign agreements restricting their competitive activities following the termination of employment. Such restrictive covenant agreements, including non-competition and non-solicitation agreements, can be great tools to protect an employer’s business interests. 

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Reminders Regarding Non-competition Agreements in California

Reminders Regarding Non-competition Agreements in California

By Garrett C. Parks

On May 4 and May 13, 2017, the New York Times published an op-ed and article in which the authors asserted—in support of arguments disfavoring non-competition agreements—that California voids all non-competition agreements.* This is an overstatement of California law, which generally prohibits non-competition agreements in the employment context, but narrow exceptions do exist.

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