Legal Question in Business Law in California
Hello,
I have an engineering firm and one of my past employees, an instrumentation & controls engineer (no longer works for us) has started his own firm and is now in direct competition with our firm. He has created a website noting dozens and dozens of projects our firm did while he was employed with us and he is using these projects on his website making it sound like his brand new firm was the firm that performed these projects...in essence he is taking the credit that is ours. I'm not sure what legal action we can take with him...we'd simply like him to remove all those projects he has listed on his website. Note-he did sign a non-compete clause when back when he joined us in 1999 though I am now aware that non-competes doesn't really work in California anymore.
2 Answers from Attorneys
What he is doing violates various aspects of the unfair competition laws. You could sue him for damages, but your first step should be to serve him with a 'cease and desist' demand. If serious about hiring counsel to help you in this, feel free to contact me.
I agree with the above, a cease and desist letter is the first step, and can be quite effective if sent by an attorney. I would also be happy to provide you with a quote.
Marina Lang
805-351-3682
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