Assignment 11 (Post-employment issues) 1. Unlike workers' compensation, the unemployment system in California is fault based; it punishes the party responsible for the employment separation. a. When an employee is "separated or terminated" from employment in California, what is the standard for whether or not the employee is entitled to unemployment benefits? b. Can an employee in California receive unemployment benefits for voluntary quitting a job? If so, in which instances? 2. Employers can become concerned when employees leave their employment for a variety of reasons. One of those reasons is that the employee may have acquired confidential, inside information about the employer, which may involve trade secrets. Employers are obviously concerned about this information being shared and desire to protect such information. I a. What types of things are considered trade secrets? b. Employers, at times, would like to restrict employees from going to work for a competitor. In California, can an employer legally enforce an anti-competition agreement? (preventing an employee from working for a competitor or directly competing with the former employer once they leave the company). Provide a source for you answer. c. What would you recommend to an employer in California concerned about protecting its' trade secrets? What would be the best legal tool to do so, and what are some of the things an employer should put in such a document