by Brian Mahany
This tasty tidbit comes from published reports in the National Law Journal - Bimbo Bakeries USA is suing a former employee who took a job at rival Hostess Brands. Why? Because he is one a few people in the world who know the recipe for Thomas’ English Muffins.
What makes this case unique is that the suit was filed without any claim of wrongdoing by the former employee. Bimbo Bakeries filed the suit simply because they fear he “might” disclose the recipe. Allowing this type of lawsuit represents a departure from the normal way lawsuits are filed. Courts normally settle disputes after someone has been accused of wrongdoing. Allowing this lawsuit to go forward potentially opens the floodgates to all types of litigation.
Worried that you might be the victim of discrimination at a new job? Perhaps you should sue them first before even showing up for your first day of work. Concerned that a former salesperson might violate a confidentially agreement and take customer lists with him? Sue everyone that quits or retires. One quickly gets the picture.
California has already rejected this type lawsuit seeking to block future potential harm. But will other states do? (Bimbo filed it’s lawsuit in Pennsylvania). If allowed to proceed, this could open the floodgates to more lawsuits and litigation.
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Mahany & Ertl represents Wisconsin workers and employers in disputes involving confidentiality agreements and non-compete agreements. We also assist workers with other employment issues.
A recent Wisconsin court decision made important changes to the enforceability of confidentiality and non-compete agreements. Call us for a confidential consultation if you have concerns, wish to protect important trade secrets or are a worker planning to work for a competitor. Our experienced lawyers represent workers and businesses throughout Wisconsin.
Call Brian Mahany today at (414) 704-6731 (direct) or email him at brian@mahanyertl.com
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