California Employment Law Update

Tag Archives: injunction

Injunction Against Workplace Violence May Be Supported By Hearsay Evidence

Kaiser Found. Hospitals v. Wilson, 201 Cal. App. 4th 550 (2011) The trial court considered hearsay evidence in issuing injunctions under Cal. Code Civ. Proc. § 527.8, prohibiting Jeff Wilson (the husband of a terminated Kaiser employee) from committing acts of violence or making threats of violence against two Kaiser employees. The trial court considered … Continue Reading

Injunction Upheld Prohibiting Former Employee from Competing

NewLife Sciences, Inc. v. Weinstock, 197 Cal. App. 4th 676 (2011) NewLife terminated the employment of Ronald Weinstock, the purported inventor of a Therapeutic Magnetic Resonance Device (“TMRD”), which NewLife had purchased approximately one year before the termination. In connection with its purchase of the TMRD, NewLife had obtained a non-compete covenant, which prohibited Weinstock … Continue Reading

Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) The United States Supreme Court held that this class of as many as 1.5 million current and former female Wal-Mart employees was improperly certified by the lower court. The three lead plaintiffs claimed they were discriminated against on the basis of their gender and that … Continue Reading

Staffing Company Was Entitled To Injunction Against Former Employee Who Took Trade Secrets

ReadyLink Healthcare v. Cotton, 126 Cal. App. 4th 1006 (2005) ReadyLink obtained an injunction against Jerome Cotton, a former employee, prohibiting Cotton from soliciting ReadyLink employees and customers and from using or disclosing ReadyLink’s trade secrets and confidential information. ReadyLink fired Cotton for stealing ReadyLink records containing proprietary and confidential information. During a search of … Continue Reading

Employer Subjected To Threats Of Workplace Violence Was Entitled To Injunction

USS-Posco Indus. v. Edwards, 111 Cal. App. 4th 436 (2003) Ezell Edwards was terminated from his employment as a mill worker at USS-Posco Industries’ (UPI’s) tin mill after he made generalized threats of violence against UPI, including a statement that “they’re going to have to change the company’s name from USS-Posco to USSColumbine.” The trial … Continue Reading

Former Employees Were Properly Enjoined From Destroying Misappropriated Computer Files

Dodge, Warren & Peters Ins. Serv., Inc. v. Riley, 105 Cal. App. 4th 1414 (2003) James W. Riley and several of his co-workers were terminated from Dodge, an insurance brokerage firm, after Dodge learned of their intention to obtain copies of documents maintained in Dodge’s files and computer storage media before opening their own competing … Continue Reading

Court Rejects The “Inevitable Disclosure” Of Trade Secrets Doctrine

Schlage Lock Co. v. Whyte, 101 Cal. App. 4th 1443 (2002) J. Douglas Whyte was employed as a vice-president of Schlage where he was responsible for sales to The Home Depot (which alone accounts for 38 percent of Schlage’s sales) and other “big box” retailers such as HomeBase and Lowe’s. Whyte signed a confidentiality agreement … Continue Reading

Federal Court May Not Bar Tennessee Court From Enforcing Non-Compete Agreements

Bennett v. Medtronic, Inc., 285 F.3d 801 (9th Cir. 2002) Medtronic, Inc. sued three of its former California employees and their new employer, NuVasive, in Tennessee following the employees’ resignation from Medtronic and acceptance of employment with NuVasive, one of Medtronic’s competitors in the business of designing and manufacturing spinal surgery devices. Among other things, … Continue Reading
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