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1/09/2008 Non-Compete Provisions in an Employment Agreement are Not Absolutely Barred under California Law
The general principle of California law is that non-competes in employment agreements are not enforceable. However, a California employee can be subject to an enforceable non-compete agreement if the agreement is subject to the laws and jurisdiction of a state that enforces non-compete agreements. |
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10/17/07 FEDERAL COMPUTER FRAUD AND ABUSE ACT
A little known and underused federal act regarding the misappropriation of computer data by an employee is the Federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the "Act") |
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8/21/2007 Implied Employment Contracts
An employer can be liable for wrongfully terminating an employee if either the employee is in a protected class (i.e., age, gender, religion) and the termination was the result of the employee being in that protective class, or the termination was in breach of contract or an implied contract. Otherwise, an employee is generally deemed an at-will and is not protected against termination. |
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11/08/2006 Are Employers Still Permitted to Classify Certain Employees as Independent Contractors in Massachusetts?
Yes, to the question set forth in the title of this article, but to a very limited extent. In July of 2004, G.L.c. 23, § 1(b) went into effect severely limiting an employer's ability to classify an employee as an independent contractor. Massachusetts no longer follows the standards used by the IRS in determining whether an employee can be classified as an independent contractor. Rather, Massachusetts has instituted a far more restrictive standard as to which workers can be classified as independent contractors. |
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