Ex-employee waged ‘ongoing campaign’ of harassment, defamation
A recent decision out of Ontario is a good reminder of the risks and consequences of employee misconduct after dismissal, particularly when it involves confidential information and defamatory actions.
The case, which resulted in an interlocutory injunction and an Anton Piller order — a civil search warrant — against a former employee, also serves as a cautionary tale about access controls within organizations.
It’s a reminder of the consequences for employees who are departing and want to take revenge or damage their ex-employer’s reputation online, says Tahir Khorasanee, a senior associate at Steinbergs in Toronto who represented CleanMark.
“That's not something that they could do, just because they feel that they've been wronged, and the court will protect the employer’s reputation and their confidential information and grant these broad, sweeping, civil search warrant and all of that, and also costs,” he says.
The employee worked at CleanMark from October 2021 to April 2024, where he managed key accounts, Apple and Best Buy, for the U.S. and Canada, which accounted for a considerable percentage of the company’s annual revenue.
He reported to the vice president of client experience and had access to confidential and sensitive information and proprietary trade secrets with respect to clients.
On April 16, 2024, CleanMark terminated the individual’s employment without...
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