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<blockquote data-quote="Agri Spec Solicitor" data-source="post: 7748116" data-attributes="member: 74352"><p>Short question. Could be a long answer !</p><p>I have done many of these cases over the years and they are often very contentious.</p><p>Employers don’t like their confidential information being, as they see it, actually stolen. The employee moving on needs to put bread on the table and work. A good sales person has most of what they need to know about customers filed in their brains. But can they use that information?</p><p>There is a tension and as ever it depends on the facts. An astute employer will have a contract which defines what a departing employee can and can’t do. Maybe there is a restriction against dealing with customers of the employee for 6 months. Or selling X in an area Y around a workplace. Those provisions may be so wide a court might find them unreasonable.</p><p>In one of my favourite cases my clients were videoed in their new business and there was lots of evidence as to what they were selling, and to whom. In my other favourite case involving emails, we had to get a court order to destroy all the paper copies and the computer hard drive. Our tech expert pressed a few buttons and all the data was permanently deleted.</p><p>Many employers don’t think about protecting themselves until the event happens, and then it is just damage limitation.</p><p>It is a big area of practice for many lawyers.</p></blockquote><p></p>
[QUOTE="Agri Spec Solicitor, post: 7748116, member: 74352"] Short question. Could be a long answer ! I have done many of these cases over the years and they are often very contentious. Employers don’t like their confidential information being, as they see it, actually stolen. The employee moving on needs to put bread on the table and work. A good sales person has most of what they need to know about customers filed in their brains. But can they use that information? There is a tension and as ever it depends on the facts. An astute employer will have a contract which defines what a departing employee can and can’t do. Maybe there is a restriction against dealing with customers of the employee for 6 months. Or selling X in an area Y around a workplace. Those provisions may be so wide a court might find them unreasonable. In one of my favourite cases my clients were videoed in their new business and there was lots of evidence as to what they were selling, and to whom. In my other favourite case involving emails, we had to get a court order to destroy all the paper copies and the computer hard drive. Our tech expert pressed a few buttons and all the data was permanently deleted. Many employers don’t think about protecting themselves until the event happens, and then it is just damage limitation. It is a big area of practice for many lawyers. [/QUOTE]
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