Category: Common Law Claims

A Matter of Protocol — Rules for Departing Brokers Trying to Solicit Former Clients

A Matter of Protocol — Rules for Departing Brokers Trying to Solicit Former Clients

Question:  We operate a financial services firm that employs account executives who execute investment trades on behalf of clients.  One of our brokers recently resigned to move to a competitor firm.  With his resignation letter, he included a list of clients he plans to solicit at his new firm.  This list includes clients with whom the broker may have had...

Quirky Question #283: They Stole Our Stuff, Can We Sue?

Question: My company recently terminated an employee, and we are very worried she accessed her email inappropriately in the days before she was fired. The timing of it all is … well, quirky. Here’s what happened: The employee’s manager met with her on a Friday and informed her that her performance was not acceptable, even after several earlier warnings to...

Question #272: Competing in California

Question: One of our company’s employees recently left to start a competing business. We think he started this process while he was still employed by us, and that he is probably using information he learned from us.  We’re in California, so I know we don’t have a non-compete agreement with him.  Do we have any other recourse?

Quirky Question #246, iKnow where your iPad is

Quirky Question #246, iKnow where your iPad is

Question: Our California company intends to provide iPads to all of our sales employees, but to make sure we can locate the iPads if they are lost or stolen, we plan to use the iPads’ GPS capabilities to track their locations.  As an added bonus, we’ll also be able to track the sales employees themselves.  Any concerns with this plan?

Quirky Question #213, Holiday Parties – Potential Sources of Liability

Quirky Question #213, Holiday Parties – Potential Sources of Liability

Question: We are in the midst of preparing for our 2013 holiday party. We plan to schedule an evening event and intend to provide our employees and their guests with free food, entertainment, and alcohol; after all, we’ve worked hard all year and want to celebrate! How do we avoid risk while we host a fun party?

Quirky Question # 171: Harsh Management Motivational Techniques

Quirky Question # 171: Harsh Management Motivational Techniques

Question: I’m the HR Director for a company with a significant sales division. One of our very successful sales managers sometimes uses “motivational” techniques that strike me as harsh and potentially problematic. Nevertheless, while I’m not sure his subordinates appreciate him, he gets results. And, while his subordinates may have reservations about his techniques, the company’s top executives clearly are...

Quirky Question # 168 — Is Describing a C-Level Executive’s Discharge as “For Cause” Defamatory?

Quirky Question # 168 — Is Describing a C-Level Executive’s Discharge as “For Cause” Defamatory?

Question: I saw your last question about discharging an executive for cause. We recently terminated a C-level executive for that reason.  His contract delineated four different “cause” grounds and we felt that two were implicated, although one of these ground arguably was iffy.  We’re wondering whom we can tell about this decision.  Are there any risks associated with publicizing this...

Quirky Question # 160: Non-Competes and Public Policy

Quirky Question # 160: Non-Competes and Public Policy

Question: We are a nationwide company with offices and employees in nearly every state. One of our primary growth areas is California. We understand that California courts are generally inhospitable to post-employment restrictive covenants, including non-competes. But, we are trying to have uniform policies throughout our organization. Consequently, we still have confidentiality and non-compete language in our employees’ contracts, even...

Seven Observations On Leadership, Vice President Walter Mondale

Seven Observations On Leadership, Vice President Walter Mondale

Set forth below is an article by Vice President of the United States, Walter Mondale.  More than any person I’ve ever met, Mr. Mondale is perfectly positioned to opine on leadership.  His lengthy public service includes roles as Minnesota Attorney General, U.S. Senator, Vice President of the United States and U.S. Ambassador to Japan.  In these positions, he has been...

Everything You Wanted to Know About Leadership . . . and Should Have Asked Your Kids

Everything You Wanted to Know About Leadership . . . and Should Have Asked Your Kids

The article was written by Brian McDermott, who is the self-described, Chief Storyteller, at his consulting firm,GrowthWorks Inc., where he specializes in helping leaders facilitate change, innovation and improvement.  Brian is the co-author of Leading Innovation: Creating Workplaces Where People Excel So Organizations Thrive, and Time Out for Leaders: Daily Inspiration for Maximum Impact.  Brian currently is working on a new book...