![]() The Termination Certification is referenced throughout the compliant, see Compl. This Court GRANTS Juul's request with respect to these two items. Juul also seeks judicial notice of California Senate Judiciary Committee Bill Analysis for Senate Bill 1300. ¶ 31.Ī copy of the Termination Certification is attached as Exhibit A to a declaration in support of Juul's request for judicial notice. The NDA reserves the right for Juul to enforce it, and it has no temporal or geographical limitations. (emphasis in original).įor a period of twelve months following termination from Juul, the NDA states that "the employee shall not either directly or indirectly solicit, induce, recruit, or encourage any of the Company's employees to leave their employment, or attempt to solicit, induce, recruit, encourage or take away employees of the Company, either for Employee or any other person or entity." Id. Instead, the NDA states that "Employee agree that Employee bears the burden of proving that given information or materials are not confidential." Id. #Juul serial codes codeHamilton, "he NDA contains no 'carve-outs' for whistleblowing under Labor Code § 1102.5, the SEC Rules, or any other law, the disclosure of potentially illegal conduct under Government Code § 12964.5, the disclosure of wages under Labor Code §§ 2.5, the disclosure of working conditions under Labor Code § 232.5, or the exercise of free speech rights under Labor Code §§ 96(k) and 98.6." Id. ¶ 27 (emphasis in original).Īccording to Ms. Additionally, the NDA contains a non-disparagement clause, which states that "Confidential Information" includes "all information of which the unauthorized disclosure could be detrimental to the interests of the Company, whether or not such information is identified as Confidential Information." Id. or disclose to any person, firm, or corporation, without written authorization from the Company's Board of Directors (the 'Board'), and Confidential Information to the Company." Id. The NDA states that the "Employee shall at all times during the term of the Employee's employment with the Company and thereafter, hold in strictest confidence, and not use. ![]() ![]() Hamilton appends a copy of the NDA as an exhibit to her Labor and Workforce Department Agency ("LWDA") letter, which is Exhibit A to the Complaint. Hamilton of her termination and required her to sign a document entitled Termination Certification. Hamilton had to sign Juul's standard non-disclosure agreement entitled the Proprietary Information and Invention Assignment Agreement (the "NDA"). Hamilton worked for Juul as a Director of Program Management from April 2018 to March 2019. For the reasons discussed below, the Court GRANTS in part and DENIES in part Juul's motion without prejudice. Pending before the Court is Juul's motion to dismiss for failure to state a claim or, alternatively, to strike certain factual allegations and prayers for relief. With the exception of her Unfair Competition Law ("UCL") claim, all her causes of action are pursuant to the California Private Attorneys General Act ("PAGA"). Hamilton alleges that these policies and agreements violated the California Labor Code. ("Juul"), seeking civil penalties and injunctive relief related to alleged unlawful policies and various employment agreements. Plaintiff Marcie Hamilton filed this lawsuit against her former employer, Defendant Juul Labs, Inc. CHEN United States District Judge ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |