With Limited Exceptions, Non-Compete Clauses Are Not Enforceable in California California Has a Strong Policy in Favor of Open Competition “California has a settled public policy in favor of open competition.” Kelton v. Stravinski, 138 Cal. App. 4th 941, 946 (2006). The general rule, as embodied in section 16600 of the California Business and Professions Code (“Section 16600”) is that, with limited exceptions, “every contract by which anyone is restrained from engaging … Read More
Employers Generally Cannot Withhold Payment From An Employee’s Paycheck. One of the questions that our employment lawyers receive most often from our employment law clients is whether an employer is permitted to deduct from an employee’s check any amount that the employee owes the employer. As a general matter, the employer has very limited rights to take any money out of its employee’s pay check. First, section 221 of the California Labor … Read More
Overview of Trademarks And Establishing Secondary Meaning In Trademark Infringement Cases Categories of Trademarks In order to serve as a trademark, a trademark must be distinctive. In other words, it must be capable of identifying the source of a particular good or service. In making this determination, the lawyers focusing on trademark law group marks into four categories: arbitrary or fanciful; suggestive, descriptive, or generic. The degree of legal protection will depend … Read More
SLAPP Motions Are Effective Ways to Dispose of A Frivolous Case Without Having to Go Through Trial The term SLAPP is an acronym for Strategic Lawsuits Against Public Participation. A SLAPP motion refers to a “special motion to strike” under the anti-SLAPP statute that seeks to dismiss a civil lawsuit at an early stage in the litigation so that the sacred rights of petition and free speech are not chilled by costly … Read More
What happens if my employer terminates me for both discriminatory reasons and also performance problems?
This year, the California appellate courts decided several cases that involved “mixed-motive” terminations. For example, in Harris v. City of Santa Monica, an employee, a bus driver for the City of Santa Monica, was terminated after informing her employer that she was pregnant. The employee also had a history of on the job negligence which included several accidents. The employer maintained that the employee’s termination had nothing to do with her pregnancy and … Read More