By Howard Levitt and Robert Taylor
Are you thinking of leaving your current employer to work for a competitor or set up your own business?
If so, there are only two ways to do so. The right way and the wrong way.
We have seen many examples illustrating the wrong way. Although infinite in variety, they have the following common features.
Usually they begin with the departing employee not seeking legal advice from an experienced employment lawyer. This leads to cascading errors.
Next the employee will not look at their written employment agreement, if they have one, to see what restrictions on using confidential information and soliciting customers, suppliers and employees might be contained therein. Even if there is no employment agreement, departing employees, especially senior or long-term employees, have common-law obligations which will affect what they can and cannot legally do when planning to depart, as well as after departure.
This omission is usually followed by downloading onto USB devices or external hard drives or emailing to their home, new employer or new business colleagues sensitive information such as customer and supplier contact information, financial information such as price lists, marketing plans or other information which would be helpful to the departing employee’s plans. Emails to such customers, suppliers or fellow employees soliciting their business or cooperation are similarly incriminating.
This error can be...
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