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7041 Koll Center Parkway, Suite 240 | Pleasanton, California 94566
Litigation / Breach of Restrictive Covenants

Breach of Employment Contract Litigation Protects Employers Against Unfair Competition in California

Experienced employment attorneys serve clients in Alameda and Contra Costa Counties

While an executive is in your employ, you have leverage in employment contract disputes. However, after an executive has been separated, your business is still vulnerable to damage from breach of contract. Your only remedy may be a civil lawsuit. If a former employee has violated a restrictive covenant and your company loses business as a result, you may be able to file a lawsuit under California’s Unfair Competition Law for injunctive relief and monetary damages. The attorneys at Garcia & Gurney, A Law Corporation can review your case, determine whether you have a valid claim and advise you on how to proceed.

Enforcing nondisclosure agreements

Your intellectual property, client lists, methods of running your business and other information you rely on are your trade secrets. In California, non-compete agreements are unlawful except in limited circumstances, but most companies require employees to sign a nondisclosure agreement. If you’ve protected your business through a nondisclosure agreement, that contract clause that bars the employee from revealing company trade secrets to competitors is still in effect for a period of time after severance.

If an employee violates a nondisclosure agreement and engages in unfair business practices, Garcia & Gurney, A Law Corporation can help you file a Section 17200 claim against the former employee under the California Unfair Competition Law. You may be able to obtain a court order demanding the former employee stop all unfair practices and even receive monetary damages for the harm to your business.

If an employee steals a confidential client list

For you to take legal action against a former employee you allege took your client list, you must show that the list was a trade secret. A client list may be deemed a trade secret if you invested a lot of time and effort in creating the list and in keeping it confidential. You must also show that the former employee is guilty of misappropriating your trade secret by establishing that he or she approached or petitioned clients on your list.

Providing knowledgeable counsel to California employers

Garcia & Gurney, A Law Corporation offers comprehensive employment law support to employers in Pleasanton and other Tri-Valley cities. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

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Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! I was in need of urgent help with an employment matter and Melinda Garcia came through for me the same day. She fit me in for a consultation within hours of my call and read my documents prior to our meeting. She was thorough, attentive to my needs, knowledgeable, professional and above all very comforting."

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"