Friday, November 25, 2011

Cisco Calls Out HP For Suing Former Employees Who Leave HP To Work For Cisco

We have written in great detail on research that shows that the ability of employees to change jobs freely, without doubt, contributed greatly to the success of Silicon Valley. Multiple studies, looking at multiple factors, showed that a simple legal issue - the fact that non-compete agreements are not enforceable in California - was the key

factor for the success of Silicon Valley. Of course, other things were important: good universities, investors, etc. But there were other areas too. What all of Silicon Valley, apart from the fact that employees change jobs more frequently.

why
has a huge impact on innovation and economic growth, which has to be the exchange of ideas. While traditional economic theory suggests that firms are better collect information on new products, which is not true in many cases. Take, for example, an emerging market where many players are in the key advances - but the market has not really emerged before the development was completed. What studies have found that the best minds to think about a problem and cross-pollination of ideas, the faster the necessary progress can happen. Now, companies can not work directly together to solve the problem, but when

employees regular shift between companies
act to pollinate ideas from one organization to the other, helping organizations achieve the breakpoint, the creation of important new markets. It's not a bad thing. Accelerate the innovation process and the creation of large new markets is a non-zero sum game, so that an employee leaves can actually help to stimulate a huge market that the former company employees can also benefit. At the same time, allows businesses, which could be upset by the loss of some employees, to hire people like other competitors.
Therefore, I always seem a bit strange when companies exaggerate about to leave for an employee to join a competitor - especially in California. However, Cisco general counsel Mark Chandler is to appeal directly to HP for a series of lawsuits against employees who left CV (clearly a society in chaos) to Cisco. Chandler said that they are inapplicable in noncompetes CA, but notes that (despite the fact that both companies have their headquarters, not far from the other in California), HP has used the fact that in other places of places to take legal action against former employees, three times. And stories that suggest that HP is really happening in these efforts by the Board:


In the first three cases, HP has been so persistent and threatening litigation so that the individual, who had retired the month before talking about HP Cisco in retirement. There seems to be little concern that the stress of a large company returns its legal weapons a person can cause. In another case, an employee who has worked in the financial services group of HP was sued to block its action in the Cisco client group's finances, although there was no argument that the relevant intellectual property to the issue. She persisted and repented of HP. In the latter case last week, the employee, who had given HP more than two decades of loyal service, moved to California, before starting to work with Cisco. He asked a California court to declare that he was protected by the laws of California and HP, which could not impose their non-competition. A hearing was scheduled in California, we have notified HP and the lawyer. Cisco also came to the legal officers of HP to try to establish some voluntary measures to avoid further litigation and to give peace of mind, moreover, that the employee, even without wanting to use any confidential information to HP.


HP ?? response was to sue in Texas against employees and hours of "emergency" hearing in an attempt to ban the use of working with Cisco , trying to get a judge issues an injunction without notice or opportunity for the employee to be represented. Fortunately, a lawyer with the eagle eyes of Texas working for the employee saw the presentation online and appear before the court. Since the case was before a court in California, with HP fully represented at a hearing scheduled for two hours later, the Texas judge was not impressed with HP's efforts to get his act without a hearing . She refused to continue. And the judge in California issued an order allowing the employee to begin his new career at Cisco.
There is no way to see this and wonder what is going on at HP. The company is shaken. He was CEO of shooting left and right - and pay ridiculous amounts for failing in the process. Why not spend some of the money wasted on these applications really stupid and harmful to innovation? In his message, Chandler also notes that HP has been at the other end of fighting similar, which makes it even stranger. It ends with a promise that no matter where they are, Cisco will not use litigation to stop employees to work elsewhere, and the challenges HP to do the same thing: Cisco
promise for those seeking work in the networking industry is that no matter which of the fifty states in which they live and work for Cisco, if you come to work for us, the rule applies to California for the mobility of employees across the country. We know that employee retention is an issue of fair compensation and career opportunity, not litigation. Y

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