Re: Senior Mgmt requesting their CSO to leave

[Mark Teicher <mht3 () earthlink net>]

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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EARN A MASTER OF SCIENCE IN INFORMATION ASSURANCE - ONLINE
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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