Noncompete Clauses and Privacy
This could make a great case in the nonexistent casebook that Solove, I, and Larry should write together: Privacy, Agency & Contract. An employee signs a noncompete. He goes to a job site for his employer and discovers an opportunity to work on the side for a company he is trying to build – a corporate opportunity if there ever was one. Rather than disclose the opportunity, he calls in sick the next few days and works at the job site on his own behalf. The employer, smelling a rat, hacks the employee’s cellphone GPS to track him, and then shows up at the job site and fires him. The employer has now sued, “seeking damages including actual damages, all property and confidential information be returned, and they want [the employee] prohibited from doing any business with current clients.” No word on whether the employee has asserted any privacy-related counterclaims, but I imagine that Solove will think of a few.