3 ms·
> Most strikingly to me from the complaint is the fact that apple claims that he 1> used his design knowledge to found another company (jeez, people do this all
by sparky_ 7y ago
> Most strikingly to me from the complaint is the fact that apple claims that he 1> used his design knowledge to found another company (jeez, people do this all the time) and 2> did so while working at apple (ditto).
IANAL, but my impression having read through the actual file is that most of the claims are on the basis of this fellow allegedly having done all these things while employed at Apple. Apple alleges that he was routinely working on his own business, conducting phone calls related to that business, etc, while in the office, and that he was actively recruiting his coworkers before he had left the company.
I'm never a fan of big companies stomping on previous employees, but it sounds to me like the crux of the case is based around point (2). Had he quit the company and then founded his startup and poached his old coworkers - that would likely have been consistent with the law. But if he did indeed do these things _while still actively working there_ then his contract would have been in place at the time and therefore breachable.
- geofft 7y agoThe response (https://regmedia.co.uk/2019/12/09/applevwilliamscounter.pdf https://regmedia.co.uk/2019/12/09/applevwilliamscounter.pdf) claims that caselaw in California makes it clear that you can plan to start a new company, do some administrative work, etc. before leaving. You can't poach coworkers before you leave (if the contract is found valid, which they're attacking on other fronts), but you can certainly talk with people outside the company and say "Hey, I'm quitting in two weeks to found this company we both plan to join" etc.
- ksec 7y ago>claims that caselaw in California makes it clear that you can plan to start a new company, do some administrative work, etc. before leaving. Before leaving I assumed that is after he handed over his resignation? Not sure if the administrative work or poaching is before or after that.
- gumby 7y agoNon solicits are no longer enforceable in Californian