Are there any special considerations when dealing with employee trade secret issues?

Yes, there are special considerations when dealing with employee trade secret issues in California. For example, employers in the state must provide employees with written notice about the California Uniform Trade Secrets Act (CUTSA) in order to be able to legally bring a trade secrets claim. The written notice must include a description of the California law that prohibits the misappropriation of trade secrets, the remedies that an employer can seek in a trade secrets violation case, and the potential criminal and civil penalties an employee may face if they are found to have misappropriated trade secrets. Additionally, employers in California must also provide notice to their employees of their right to seek civil damages and criminal penalties if they believe they have been wrongfully accused of misappropriating trade secrets. The notice should also include a description of the potential consequences of misappropriation, including the possibility of heavy fines, loss of current or future employment opportunities, and criminal prosecution. Finally, employers should be aware that the law does not prohibit employees from disclosing information that is "common knowledge or skills generally known or available to the public" or that is "readily ascertainable" from another source. Thus, employers should be careful to clearly distinguish between information that is a trade secret and information that is freely distributed.

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Are there any special considerations when dealing with employee trade secret issues?

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