Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 1 of 28
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`Ashley M. Gjovik, JD
`In Propria Persona
`2108 N St. Ste. 4553
`Sacramento, CA, 95816
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`(408) 883-4428
`legal@ashleygjovik.com
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`United States District Court
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`Northern District of California
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`Ashley M. Gjovik , an individual,
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`Case No. 3:23 -CV-04597-EMC
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`Plaintiff,
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`Notice of Pendency
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` vs.
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`Civil L.R. 3 -13
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`Apple, Inc . and Ashley Gjovi[k] ,
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`Case No. 32 -CA-284428, U.S.
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`Apple Inc., a corporation,
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`National Labor Relations
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`Defendant.
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`Board
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`Violations of 29 U.S.C. § 158 (a)(1)
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`NLRB Hearing: Jan. 22 2025
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 2 of 28
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`Notice of Administrative Pendency
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`Apple, Inc ., Case No. 32-CA-284428, U.S. National Labor Relations Board.
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`Plaintiff, Ashley Gjovik, files this notice of administrative pendency
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`regarding one of her seven pending NLR A claims against Defendant , Apple Inc,
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`with the U.S. National Labor Relations Board (“NLRB”).
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`On September 27 2024, the U.S. NLRB ser ved Gjovik and Ap ple Inc with a
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`complaint against Apple and a notice of a hearing scheduled for Januar y 22 2025.
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`[Exhibit A]. Gjovik filed the originating charge (no. 32-CA-284428) on October 12
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`2021 . [Exhibit B]. She alleged that many of Apple’s employment policies and
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`contracts are unlawful and violate the NLR A (among other state and federal laws),
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`including all of the policies that Apple referenced in its supposed justification for
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`its abrupt termination of her employment on September 9 2021. [4AC ¶ 12, 125,
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`137, 168].
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`NLRB’s complaint explains that the NLRB “alleges that Apple, Inc . has
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`violated the Act” … by “inter fering with , restraining , and coercing e mployees in the
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`exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a) (1)
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`of the Act…” “based on a charge filed by Ashley Gjovik .” [Exhibit A, pages 1 & 13].
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`NLRB details more than twenty-five unique violations of 29 U.S.C. §
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`158(a)(1) based on Gjovik ’s charge [Exhibit A, pages 2-13]. The NLRB’s requested
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`remedies in the complaint include injunctive rel ief for “all current and former
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`employees employed by [Apple] at any time since April 13, 2021 at all its facilities in
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`the United States and its Territories .” [Exhibit A, page 13]. (This will be Apple’s
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`first nation-wide NLRB adjudication).
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 3 of 28
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`The hearing and complaint were filed pursuant to 29 U.S.C. § 151 et seq .,
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`and 29 C.F.R. § 102.15, and the hearing is to be formal adjudication governed by 5
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`U.S.C. §§ 554, 556, and 557. The hearing is scheduled to be held before an
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`administrative law judge of the National Labor Relations Board, located at the
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`Spring Street U.S. Court House in Los Angeles, California . [ Exhibit A, page 15].
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`Gjovik
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`is self -represented and plans to acti vely participate
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`in the
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`adjudicator y proceedings. Under NLR A regulations, she is allowed to file briefs
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`and motions, introduce evidence, and question witnesses. [29 C.F.R. Par t 101, et
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`seq.] Per the Sept. 27 2024 complaint, Apple is repres ented in this NLRB case by
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`seven attorneys at two law firms. [Exhibit A, pages 16-17] .
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`- McDe rmott Will & Emor y : Christopher Foster (San Francisco, CA) and
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`Syed Mannan (S an Francisco, CA).
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`- Morgan , Lewis & Bockius : Cr ystal Carey (New York, NY), Harr y Johnson
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`(Los Angeles, CA), Brian Mahoney (Philadelphia, PA), Kelcey Phillips
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`(Washington, DC), and Mark Stolzenburg (Chicago, IL).
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`- Note: Orrick, Herrington & Sutcliffe (opposing counsel in this civil lawsuit)
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`does not appear to be involved in the NLRB proceedings.
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`The representative for Apple Inc as the Respondent in the NLRB proceeding is
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`Tim Cook, Chief Executive Officer. [Exhibit A, page 16].
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`NLRB case no. 32-CA-284428 challenges many of the same policies that
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`Gjovik has concurrently challenged under California Labor Code §§ 96(k) [4AC ¶
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`185-188], 98.7, 232, 232.5, 1101, 1102, [4AC ¶ 181-184], and 1102.5 [4AC ¶ 166-
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`167] in this lawsuit.
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`If the NLRB must seek court assistan ce to enforce Orders, the agency must
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`petition a U.S. District Court . [29 C.F.R. § 101.14] Appeals of NLRB a gency
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`decisions are directed to a Circuit Cour t of Appeals. [Id .] In this case, ap peals
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`would go to the Ninth Circuit, and enforcement challenges are most likely to be
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`filed in a California U.S. District Cour t.
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 4 of 28
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`This Notice of Pendency is filed for the Cour t’s awareness and there is no
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`request from the court at this time.
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`Dated: September 30 2024
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`Respectfully,
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`/s/ Ashley M. Gjovik
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`Pro Se Plaintiff
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`Boston, Massachusetts .
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`Note: Prior Notices of Pendency
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`See, Dkt. No. 100, August 2 7 2024
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`Ashley Gjovik v Apple Inc , ARB Case No. 2024 -0060, OALJ Case No. 2024 -
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`CER-00001 [CERCLA, 42 U.S.C. § 9610].
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 5 of 28
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`EXHIBIT A
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`The Complaint
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 6 of 28
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`UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 21
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`APPLE, INC.
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`Case 32-CA-284428
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`and
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`ASHLEY GJOVIC, an Individual
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`COMPLAINT AND NOTICE OF HEARING
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`This Complaint and Notice of Hearing is based on a charge filed by Ashley Gjovik
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`(“Charging Party” or “Gjovik”). It is issued pursuant to Section 10(b) of the National Labor
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`Relations Act (the Act), 29 U.S.C. § 151 et seq., and Section 102.15 of the Rules and
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`Regulations of the National Labor Relations Board (the Board) and alleges that Apple, Inc.
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`(“Respondent”), has violated the Act as described below.
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`1.
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`The charge was filed by Gjovik on October 12, 2021, and a copy was served on
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`Respondent by U.S. mail on October 13, 2021.
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`2.
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`(a) At all times reasonably encompassed by this complaint and any
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`answer Respondent may file, i.e., all material times, Respondent, a California
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`corporation with a headquarters at One Apple Park Way, Cupertino, CA and retail
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`facilities throughout the U.S., has been engaged in the development, manufacture, and retail
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`sale of consumer electronics and software.
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`(b)
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`Annually, in the course and conduct of its operations, Respondent
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`derives gross revenues in excess of $500,000, and purchased and received at its California
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`facilities products, goods and materials valued in excess of $5,000 directly from points
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`outside the State of California.
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`(c)
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`At all times reasonably encompassed by this complaint and any
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`answer Respondent may file, i.e., all material times, Respondent has been an employer
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`engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
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`3.
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`Since at least April 13, 2021, in a Frequently Asked Questions page on its intranet,
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`a copy of which is attached to this Complaint as Attachment A and is incorporated herein in its
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`entirety, Respondent has defined confidential information as follows:
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`Apple Confidential information is anything not explicitly, publicly, or
`purposefully disclosed by Apple. Examples of Apple Confidential
`information include unannounced products (including their release dates,
`pricing, and specifications), unannounced sales promotions, certain
`AppleWeb announcements, organizational charts, financial forecasts, and
`customer information.
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`4.
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`Since at least April 13, 2021, Respondent has maintained a “Confidentiality and
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`Intellectual Property Agreement” (IPA), a copy of which is attached to this Complaint as
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`Attachment B and is incorporated herein in its entirety.
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`(a)
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`Under
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`the
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`section heading “I. Confidential and Proprietary
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`Information,” the IPA states, inter alia:
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`You understand that your employment by Apple creates a relationship of
`confidence and trust with respect to any confidential, proprietary, or non-
`public information that may be disclosed to you or otherwise learned by you
`in the course of employment at Apple, including but not limited to any
`confidential information of third parties disclosed to Apple. As referred to
`herein, “Proprietary information” means all information not generally
`known outside Apple and/or kept confidential by Apple, including for
`example but not limited to (a) trade secrets, R&D records, reports, samples,
`manuals, plans, specifications, inventions, ideas, designs, prototypes,
`software, source code, or any other materials or information relating to past,
`existing, and future products and services whether or not developed,
`marketed, used, or rejected by Apple or persons or companies dealing with
`Apple; (b) sales, profits, organization, customer lists, pricing, sources of
`material, supply, costs, manufacturing, financials, forecasts, market
`research, or any other information relating to the business operations or
`affairs of Apple or persons or companies dealing with Apple; and (c) the
`employment and personnel information of Apple, such as compensation,
`training, recruiting, and other human resources information.
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`(b)
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`There is a footnote at the end of the paragraph quoted above that states:
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`Nothing in this Agreement should be interpreted as restricting your rights
`to speak freely about your wages, hours, or working conditions as legally
`permitted.
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`(c)
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`Under
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`the
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`section heading “I. Confidential and Proprietary
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`Information,” the IPA further states:
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`A. Treatment of Proprietary Information. You understand and agree that
`your employment by Apple prohibits you, during or after employment, from
`using or disclosing, or permitting any other person or entity to use or
`disclose, any Proprietary Information without the written consent of Apple,
`except as necessary to perform your duties as an employee of Apple. You
`understand and agree to strictly comply with all of Apple's rules and policies
`regarding Proprietary Information and use best efforts to safeguard such
`Proprietary Information and protect it against disclosure, misuse, loss, or
`theft. Upon termination of employment with Apple, you will promptly
`deliver to Apple all documents and materials of any kind pertaining to your
`work at Apple, and you agree that you will not take with you any
`documents, materials, or copies thereof, whether on paper or any other
`medium, containing any Proprietary Information.
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`5.
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`Since at least April 13, 2021, Respondent has maintained a Business Conduct
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`Policy (BCP), and since at least April 13, 2021, Respondent has maintained as part of the BCP the
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`rules and provisions set forth below. A copy of the 2020 version of the BCP is attached to this
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`Complaint as Attachment C and is incorporated herein in its entirety.
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`(a)
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`Under the section heading “The Way We Do Business Worldwide,” the
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`BCP states, inter alia:
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`Your Responsibilities and Obligation to Take Action
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`Everything we do is a reflection of Apple. We expect you to:
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`• Follow the Policy. Comply with the letter and spirit of Apple’s Business
`Conduct Policy and all applicable legal requirements.
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`• Speak up. If you see or hear of any violation of Apple’s Business
`Conduct Policy, other Apple policies, or
`legal or regulatory
`requirements, you must notify either your manager, People Team,
`Legal, or Business Conduct.
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`• Use good judgment and ask questions. Apply Apple’s principles of
`business conduct, and review our policies and legal requirements. When
`in doubt about how to proceed, discuss it with your manager, your
`People Business Partner, Legal, or Business Conduct. Any failure to
`comply with Apple’s Business Conduct Policy—or failure to report a
`violation—may result in disciplinary action, up to and including
`termination of employment.
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`You are also required to fully cooperate in any Apple investigation, and
`keep any information shared with you confidential to safeguard the integrity
`of the investigation.
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`(b)
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`Under the section heading “The Way We Do Business Worldwide,” the
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`2020 BCP further states:
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`Your Rights as an Employee
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`While we expect employees to follow the Business Conduct Policy, nothing
`in this Policy should be interpreted as being restrictive of your right to speak
`freely about your wages, hours, or working conditions.
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`In the August 2022 BCP, this subsection was modified to read as follows:
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`Your Rights as an Employee
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`You are permitted to speak freely about your wages, hours, and working
`conditions, including information about harassment, discrimination, or any
`other conduct you have reason to believe is unlawful, and nothing in this
`Policy, or any Apple policy, should be interpreted as being restrictive of
`your right to do so.
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`(c)
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`Under the section heading “Protecting Apple,” the BCP states:
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`Protecting Apple’s Assets and Information
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`You play a key role in helping us protect Apple. Assets include Apple’s
`proprietary information (such as intellectual property, confidential business
`plans, unannounced product plans, sales and marketing strategies, and other
`trade secrets), as well as physical assets such as cash, equipment, supplies
`and product inventory.
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`• Watch what you say. Being aware of where you are, who is around
`you, and what they might see or overhear is an important way we all
`protect Apple’s secrets.
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`• Protect our assets. Keep track of the assets and information Apple has
`entrusted you, and prevent loss, misuse, waste, or theft.
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 10 of 28
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`• Set an example. Model behavior that protects our assets and
`information at all times.
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`(d)
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`Under the section heading “Protecting Apple,” the BCP further states:
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`Apple Confidential Information
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`One of our greatest assets is information about our products and services,
`including future product offerings. Never disclose confidential, operational,
`financial, trade-secret, or other business information without verifying with
`your manager whether such disclosure is appropriate. We are very selective
`when disclosing this type of information to vendors, suppliers, or other third
`parties, and only do so once a non-disclosure agreement is in place. Even
`with Apple, confidential information should only be shared on a need-to-
`know basis. The Intellectual Property Agreement that you signed when you
`joined Apple outlines your duty to protect our information.
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`For more information, visit the Global Security website.
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`(e)
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`Under the section heading “Protecting Apple,” the BCP further states:
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`Non-Disclosure/Confidentiality Agreements
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`Never share confidential information about Apple’s products or services
`without your manager’s approval. When there is a business need to share
`confidential information with a supplier, vendor, or other third party, never
`volunteer more than what is necessary to address the business at hand. Any
`confidential information shared outside Apple should be covered by a non-
`disclosure/confidentiality agreement (NDA). Contact Legal in your region
`to obtain an NDA. In the United States, you can find NDA information and
`support on the Legal website.
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`(f)
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`Under the section heading “Protecting Apple,” the BCP further states:
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`Accuracy of Records and Reports
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`Accurate and honest records are critical to meeting our legal, financial, and
`management obligations. You should ensure that all records and reports,
`including
`timecards, customer
`information,
`technical and product
`information,
`correspondence,
`and
`public
`communications
`are
`comprehensive, fair, accurate, timely, and understandable.
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`Do not misstate facts, omit critical information, or modify records or reports
`in any way to mislead others, and never assist others in doing so. Intentional
`manipulation of Apple records is a form of fraud.
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`(g)
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`Under the section heading “Protecting Apple,” the BCP further states:
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`Public Speaking and Press Inquiries
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`All public or outside speaking engagements that relate to Apple’s business
`or products must be pre-approved by your manager and Corporate
`Communications. If your request is approved, you may not request or accept
`any form of personal compensation from the organization that requested
`your participation, but you may accept reimbursement for incurred
`expenses. All inquiries from the media, industry, or financial analyst
`community must be referred to Corporate Communications or Investor
`Relations.
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`(h)
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`Under the section heading “Protecting Apple,” the BCP further states:
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`Publishing Articles
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`If you want to contribute an article or other type of submission to a
`publication or blog on a topic that relates to Apple’s business or products or
`could be seen as a conflict of interest, you must first request approval from
`Corporate Communications. If your contribution is technical or academic
`and relates to Apple, complete the Academic and Industry-Related
`Activities Questionnaire to obtain review from Legal and Business
`Conduct. If your contribution is determined to be a conflict of interest, you
`will need to get senior vice president approval. For additional information,
`see the Social Media and Online Communications guidelines.
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`(i)
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`Under the section heading “Individual Accountability,” the BCP states:
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`Avoiding Conflicts of Interest
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`A conflict of interest is any activity that may damage Apple’s reputation or
`financial interests, or gives the appearance of impropriety or divided
`loyalty. Avoid any situation that creates a real or perceived conflict of
`interest. If you are unsure about a potential conflict, talk to your manager,
`Business Conduct, or your People Business Partner.
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`(j)
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`Under the section heading “Individual Accountability,” the BCP further
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`Conflicts of Interest and Outside Activities
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`You may participate in outside activities, including secondary employment,
`businesses, inventions, and serving on boards, only if they do not present a
`conflict of interest and you adhere to the rules set out below.
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`Apple generally considers an outside activity to be a conflict of interest if
`it:
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`[…]
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`states:
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`• Would require you to disclose or use confidential Apple information.
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`[…]
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`• Arises from your role in Apple’s business relationship with the
`organization.
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`(k)
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`Under the sub-heading “Conflicts of Interest and Outside Activities,” the
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`BCP further states:
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`Work with your manager and Business Conduct to evaluate a potential
`conflict of interest. If an outside activity presents a conflict of interest, you
`must partner with a People Business Partner, and obtain written approval
`from your manager, Legal (if applicable), and the senior most person
`reporting to the CEO of both your and any relevant organizations. Contact
`Business Conduct to assist with Legal review.
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`(l)
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`Under the sub-heading “Conflicts of Interest and Outside Activities,” the
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`BCP further states:
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`Any employee, full or part-time, who is participating in an outside activity,
`must comply with the following rules. Do not:
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`• Use any time at work or any Apple assets for your outside activity. This
`includes Apple’s workspace, phones, computers, internet access,
`photocopiers, and any other Apple assets or services.
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`[…]
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`• Use confidential Apple information.
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`(m) Under the section heading “Individual Accountability,” the BCP further
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`states:
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`Outside Employment and Inventions
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`Before participating in creating inventions or businesses that are in the same
`area as your work for Apple, or that compete with or relate to Apple’s
`present or reasonably anticipated business, products or services, you must
`have written permission from your manager and the senior vice president of
`your organization. Before taking any paid employment outside of Apple,
`you should notify your manager. Visit the Conflicts of Interest page for
`more information on what would be considered a conflict.
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`(n)
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`Under the section heading “Business Integrity,” the BCP states:
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 13 of 28
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`Private Employee Information
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`You should never share a coworker or prospective employee’s personal
`information. This includes information regarding their employment history,
`personal contact information, compensation, health information, or
`performance and disciplinary matters. Any Legal or business need-to-know
`exceptions should be approved by your manager and Legal.
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`(o)
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`Under the section heading “Business Integrity,” the BCP further states:
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`As an Apple employee, you should understand that subject to local laws and
`regulations and in accordance with Apple’s review process, we may do one
`of the following when you access Apple’s network or systems, or use any
`device, regardless of ownership, to conduct Apple business:
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`• Access, search, monitor, and archive all data and messages sent,
`accessed, viewed, or stored (including those from iCloud, Messages, or
`other personal accounts).
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`• Conduct physical, video, or electronic surveillance, search your
`workspace (e.g. file cabinets, desk drawers, and offices, even if locked),
`review phone records, or search any non-Apple property (e.g.
`backpacks, handbags) while on company premises.
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`• Disclose to law enforcement, without prior notice, any information
`discovered during a search that may indicate unlawful behavior.
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`(p)
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`Under the section heading “Business Integrity,” the BCP further states:
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`While limited personal use of Apple equipment and systems is allowed,
`Apple may monitor equipment and systems. You should not have any
`expectation about the privacy of content or personal information on Apple
`systems or networks, including VPN. To learn more, read our Information
`Security Policies and guidance on Personal Information Privacy on the
`People site, which explain Apple’s rights and your rights when conducting
`Apple business or using Apple-provided equipment. For more information,
`contact the Privacy team.
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`6.
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`Since at least April 13, 2021, Respondent has maintained an “About Workplace
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`Policies” (AWP) page on its intranet, a copy of which is attached to this Complaint as Attachment
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`D and is incorporated herein in its entirety.
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`(a)
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`Under the section heading “Important points to know,” the AWP states,
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`inter alia:
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 14 of 28
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`• If you have knowledge of a possible violation of Appleʼs
`Business Conduct Policy (PDF), any other Apple policy, or
`legal or regulatory requirements, you must notify your
`manager, your People Business Partner, People Support, or
`the Business Conduct Helpline.
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`7.
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`Since at least April 13, 2021, Respondent has maintained a Workplace Searches
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`and Privacy Policy (WSPP), a copy of which is attached to this Complaint as Attachment E and
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`is incorporated herein in its entirety.
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`(a)
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`The first paragraph of the WSPP states:
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`In order to protect Apple confidential and sensitive information and
`maintain the security and integrity of our networks and equipment, any use
`of Apple property, as well as use of your personal devices for Apple
`business or for accessing Apple networks, is subject to this policy.
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`(b)
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`Under the section heading “Use of Apple systems and data,” the WSPP
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`states:
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`All Apple facilities, furnishings, supplies, equipment, networks, and
`electronic systems (such as internet and intranet access, voicemail, email,
`instant messaging, and collaboration tools) are company property and are
`provided to conduct Apple business. Personal use is permitted as long as
`such use is reasonable and doesn’t interfere with normal business activities.
`It must also not affect your performance, violate Apple policies and
`practices, or applicable local laws.
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`Generally, you should use Apple equipment to conduct Apple business. If
`you use your personal property to conduct Apple business (such as
`computers, data storage devices, mobile devices, and so on), or to access
`Apple networks, you must act in accordance with Apple policies. In
`addition, your property may be subject to search and the Apple-related
`content may be removed.
`
`(c)
`
`Under the section heading “Workplace searches,” the WSPP states:
`
`Only in cases where allowed under local law, Apple may:
`
`• Access, search, monitor, archive, and delete Apple data stored on all of
`its property, as well as non-Apple property, if used for Apple business
`or if used for accessing Apple data, servers, or networks. This includes
`all data and messages sent, accessed, viewed, or stored (including those
`from iCloud, Messages, or other personal accounts) using Apple
`equipment, networks, or systems.
`
`
`
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 15 of 28
`
`• Conduct physical, video, or electronic surveillance, search your
`workspace such as file cabinets, desks, and offices (even if locked),
`review phone records, or search any non-Apple property (such as
`backpacks, purses) on company premises.
`
`This means that you have no expectation of privacy when using your or
`someone elseʼs personal devices for Apple business, when using Apple
`systems or networks, or when on Apple premises.
`
`The search or removal of Apple-related content on a device will be
`determined on a case-by-case basis when there is a business need and
`subject to local approval processes. Refusing to permit a search or removal
`of Apple-related content may result in disciplinary action up to and
`including termination of employment.
`
`8.
`
`Since at least April 13, 2021, Respondent has maintained a “Misconduct and
`
`Discipline Policy” (MDP), a copy of which is attached to this Complaint as Attachment F and is
`
`incorporated herein in its entirety.
`
`(a)
`
`Under
`
`the
`
`section heading
`
`“Conduct warranting
`
`immediate
`
`termination,” the MDP states, inter alia:
`
`Conduct that may warrant immediate termination of employment includes,
`but isn't limited to:
`
`Policy violations
`
`• Violating confidential, proprietary, and trade secret information
`obligations (including those stated in Appleʼs Intellectual Property
`Agreement).
`
`• Using Apple time, materials, facilities, equipment, or electronic
`resources for purposes unrelated to Apple business without your
`manager’s express permission
`
`(b)
`
`Under
`
`the
`
`section heading
`
`“Conduct warranting
`
`immediate
`
`termination,” the MDP further states:
`
`Other violations
`
`• Video or audio recording others without their prior consent. Apple may
`use recording or surveillance equipment for safety or security reasons.
`
`
`
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 16 of 28
`
`• Photography at any Apple facility or home office or during meetings at
`any
`location where Apple confidential
`information could be
`compromised.
`
`9.
`
`Since at least April 13, 2021, Respondent has maintained a “Social Media and
`
`Online Communications Policy” (SMOCP), a copy of which is attached to this Complaint as
`
`Attachment G and is incorporated herein in its entirety.
`
`(a)
`
`The SMOCP states, inter alia:
`
`Most of us rely on online resources such as email, social media, blogs, and
`wikis to stay connected.
`
`It’s your decision whether or not to engage in these or other online
`communications. But keep in mind that Apple’s policies and guidelines
`apply to any activities that affect your performance, the performance of
`other Apple employees, or Apple’s business interests.
`
`This is true even if you blog, tweet, write, post, comment, share visual or
`other media, or otherwise communicate online outside of work — even if
`you do not identify yourself as an Apple employee. So before you click or
`tap “send,” keep these guidelines in mind:
`
`• Protect Apple’s confidential information. As we conduct business
`around the world, our competitive strategy requires us to keep Apple’s
`intellectual property and proprietary information confidential. This
`includes non-public information such as the timing, pricing, and design
`of Apple products; Apple’s overall business performance; and the
`layout of our stores (including back-of-house areas, which contain
`competitive business operations information, customer data, sales
`targets, and other proprietary information).
`
`All Apple employees have an obligation to protect this information.
`Doing so respects the significant amount of time and energy Apple puts
`into introducing our customers to new products and new retail stores.
`For more information on confidentiality, see the Intellectual Property
`Agreement you signed when you were hired. You can also learn more
`about protecting Apple’s assets and confidential information in Apple’s
`Business Conduct Policy.
`
`[…]
`
`Nothing in these guidelines should be interpreted as restricting your
`right to speak freely about your wages, hours, or working conditions.
`
`
`
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`Case 3:23-cv-04597-EMC Document 111 Filed 09/30/24 Page 17 of 28
`
`10.
`
`Since at least April 13, 2021, Respondent has maintained a “Confidentiality
`
`Obligations Upon Termination of Employment Policy” (COTEP), a copy of which is attached
`
`to this Complaint as Attachment H and is incorporated herein in its entirety.
`
`(a)
`
`The COTEP states, inter alia:
`
`During your employment, you had access to proprietary information of
`Apple Inc. and its subsidiaries (Apple). Examples of such proprietary
`information means all information not generally known outside Apple
`and/or kept confidential by Apple including for example and without
`limitation (a) trade secrets, R&D records, reports, samples, manuals plans,
`specifications, inventions, ideas, designs, prototypes, software, source code,
`or any other materials or information relating to past, existing, and future
`products and services whether or not developed, marketed, used, or rejected
`by Apple or persons or companies dealing with Apple; (b) sales, profits,
`organization, customer lists, pricing, sources of material, supply, costs,
`manufacturing, financials, forecasts, budgets, market research, marketing or
`advertising plans, or any other information relating to business operations
`or affairs of Apple or persons or companies dealing with Apple; (c) the
`employment and personnel information of Apple, such as compensation,
`training, recruiting, and other human resource information. You may have
`created such information in the course of your everyday work. You may
`have additionally had access to proprietary information in the course of your
`work at Apple obtained by third parties including subsidiaries, affiliates,
`vendors, suppliers, customers, consultants, licensees, and dealers. You are
`obligated not to disclose any above described proprietary information to any
`other person or company (other than with Apple’s prior consent) or use it
`for your own benefit. Furthermore you are obligated to have returned to
`Apple all documents and materials of any kind pertaining to your work at
`Apple and containing any proprietary information.
`
`Certainly Apple has no desire to prevent you from the lawful exercise of
`your professional skills. However, any unauthorized disclosure or use of
`Apple proprietary information in conjunction with your new employment—
`or otherwise—would be a breach of your agreement with Apply, as well as
`a violation of the laws relating to the protection of such information. Your
`obligations continue until such time as the proprietary information is
`generally available to the public.
`
`[…]
`
`If you have any questions regarding the Confi