The article suggested that than was an increase in companies taking action against employees who leave and go to a competitor and take confidential information such as client lists with them.This certainly accords with my experience overs the past 18 months.
There are some lessons to be learned however, if employers want to go down this road.The first and foremost is that they need to have proper protection of their confidential information and the starting point is their employment contract.If a company does not have a well drafted clause concerning confidentail information in its employment contract it may as well kiss that information goodbye when an employee leaves with it.No court is going to support a company's claim for protection if the confidential information clause in the contract is non existant or poorly drafted.
The clause must be specific in terms of including the information that is to be protected but also wide enough to capture all of that information.
A policy which informs employees of their obligations regarding transferring information to memory sticks of Home computers is also advisable.
There are also other ways to protect this information such as having the employees go on gardening leave when they resign and these should be referenced in the contract..Properly drafted restraint clauses will assist-in this regard there has been an increased incidence of employers being able to uphold such restraints provided they are reasonable and well crafted.
Confidential information such as trade secrets and client lists are often vital in an employer maintaining its competitive edge.Don't lose that edge by not attending to a basic business hygiene issue such as your employments contracts.
