Full question:
I own a construction company in So. Calif. A former employee has recently opened a construction company and is using pictures of our completed projects. He has a statement that reads - 'Portfolio images shown display work completed by (his name) prior to the formation of (his company name).Is this legal?
- Category: Employment
- Subcategory: NonCompete Agreement
- Date:
- State: California
Answer:
The legality of this situation depends on various factors, including any employment contract that existed between you and the former employee. If there was a non-compete or non-disclosure agreement in place, it may affect their ability to use your project images.
Employers often use written contracts to protect trade secrets and confidential business information. These contracts can include non-compete and confidentiality clauses, which restrict the employee from disclosing sensitive information or competing with the business after leaving. If the former employee is aware of such agreements and still uses your images, they could be liable for contract interference.
Courts typically enforce non-compete agreements if they are reasonable in scope and duration. To be enforceable, these agreements must protect a legitimate business interest without excessively restricting the employee's ability to earn a living. Additionally, the agreement must be supported by consideration, meaning the employee received something in exchange for agreeing to the terms.
In summary, if your former employee's actions violate any existing agreements, you may have legal grounds to challenge their use of your project images.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.