
Originally Posted by
aroutis
Wrong. Any ideas of his own that have been applied in Mclaren are property of McLaren, and he cannot use them or pass them to anyone else.
What he can do however is use previous gained knowledge in other ways after he parts ways with his previous employer.
I have such clauses with my present employer so I know one or 2 things bout it.
Technically you are correct. However, such contracts are extremely difficult to enforce. Unless there is a blatant exact copy a McLaren design, they should be okay. Taking an existing concept and implementing it in a different manner can be done. McLaren could bring legal action, but it would be hard to win. I have been under, and have put my employees under such contracts for most of my career and legally, it is a gray area. Employment contracts cannot be so restrictive as to impair one's ability to make a living. A good case could be made that his ideas and experience are necessary to gain future employment, so some leeway would be allowed.
Cheers,
Ray
"Other teams may be fast, but the poetry, the romance, of F1 racing belongs to Ferrari."-Dan Niel, LA Times
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