Actually that policy is usually a combination of state and corporate
definition. Some union based companies have vacation banks in which the
company must place vacation time for each employee aside, this money cannot be
used by the company except for vacation pay.
CO and TX are employee at will, and such company also has a right to delay such
things as unemployment payment and then a month later stop protesting it.
-----Original Message-----
From: Leif Ericksen <leife@dls.net>
Sent: Feb 21, 2006 8:44 AM
To: Mark Teicher <mht3@earthlink.net>
Cc: Jon Gucinski <Jgucinski@midwestbank.com>, security-basics@securityfocus.com
Subject: Re: Senior Mgmt requesting their CSO to leave
That would go to say that certain companies can violate state laws that
favor employees. Take California for instance as I understand it they
are allowed their vacation an a company can not force you to use it
before the end of the year and if you do not use it it either roles over
or the company must pay you wages for said days. Any California folks
here that can attest to that?
Also, not be but a former co-worker left a company with some power it
was a nationwide company and it got even more powerful when another
company purchased it. This person was working for this firm, left to go
to a competing consulting firm, and was assigned to one of the clients
of the original firm he was never on site with said client but was sued
on 2 counts...
1) he started working for a competitor
2 he was working for a client site of the original firm.
This person got some legal advise and to the some of about 1,500.00 US$
His legal adviser sent a letter to the counsel of suing company that in
short said OH YEAH, Illinois is a right to work state and this is
employment at will. The case was dropped.
Best advise is contact a lawyer to see what your non-compete can do to
you. Laws differ from state to state and country to country. All I
know is some states in the US, California, Illinois, Wisconsin tend to
favor the employee and any non-compete, non-disclosure must have
reasonable time frames attached. Forever is to long, 3 years normally
is to long 1 year tends to be acceptable, yet it can still be overly
restrictive.
Now, all bets are off if it comes to the employer is the government and
the so called secrets are a threat to national security. If that is the
case you have a whole new ballgame.
Again best advise is contact a lawyer.
For the record, the company that sued my friend for breaking his
employment agreement had a history of doing that to its technicians as
scare tactics to bring them back to the flock. It was able to get some
back because they did not contact a lawyer. Then shortly after getting
the person back <8months they would normally terminate the person.
On Fri, 2006-02-17 at 20:45 -0500, Mark Teicher wrote:
Actually, I tend to disagree, some corporations with lots of legal
leverage can and will enforce non-competes to the point where high
level types like CSO's can not work in the particular field ever.
At 04:54 PM 2/16/2006, Jon Gucinski wrote:
There's not really much they could do without his cooperation. That
would require something like a Non-Disclosure Agreement, but getting him
to sign one while being forced out (or after) isn't very likely. That's
also not to mention what his consideration for signing it would be (a
common reason NDA's/non-competes are thrown out is lack of
consideration/compensation for the employee).
It could be argued that the type of information discussed is a
proprietary trade secret...but in order to get an injunction against him
to stop, there would first have to be proof that he's disclosing it,
then prove its proprietary information.
so...the short answer...nothing.
Mark Teicher <mht3@earthlink.net> 2/16/2006 1:11 pm >>>
What could Senior Mgmt put in place to prevent their former CSO from
regurgitating their material for the former CSO's next employer ?? (i.e
sales plan, sales methodology, security policies).
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--
Leif Ericksen <leife@dls.net>
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Tailor your education to your own professional goals with degree
customizations including Emergency Management, Business Continuity Planning,
Computer Emergency Response Teams, and Digital Investigations.
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The Norwich University program offers unparalleled Infosec management
education and the case study affords you unmatched consulting experience.
Tailor your education to your own professional goals with degree
customizations including Emergency Management, Business Continuity Planning,
Computer Emergency Response Teams, and Digital Investigations.
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