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That is your framing of the situation. Apple's framing is that he was plotting this while still working at Apple, and figuring out how to steal technology and t
by Bud 7y ago
That is your framing of the situation. Apple's framing is that he was plotting this while still working at Apple, and figuring out how to steal technology and take other engineers with him to start his own gig. His contract apparently says that he couldn't do that.
So yes. You can be sued for that. Obviously. Which is why he's getting sued.
- geofft 7y agoYou can be sued for anything, of course. A contract has to be enforceable for it to make sense to be sued for it, and California law has a lot of worker protections that make certain common contract provisions unenforceable/illegal. Nuvia's framing is that all of the things he did were previously held in court to be permissible under California law.
- leeter 7y agoIANAL but my reading of the situation would be that apple has a better claim on his IP than the tactic they're taking. All they'd have to do is prove that the idea was formulated at apple and they never signed it over to him. My understanding of Cali law (albeit likely very flawed) is that this suit as written is not supported by law.
- not2b 7y agoEven if the idea that is formulated is for a business that the employer isn't in, and left a decade ago (servers for data centers)? Or if the main idea is "I want to do my next chip design for someone else"? Doubtful.
- leeter 7y agoDoesn't matter IIRC, most employers requires their employees to sign an agreement saying that anything they come up with during the term of their employment is owned by the employer unless the employer gives up rights explicitly. This is to prevent someone from getting "The next big thing" then running away to start a company for it even though their employer was interested.