The employer/employee relationship is usually one where a lot of
trust is given by the employer to the employee very quickly. The
employer must, for example, entrust its confidential information,
IP and goodwill to its employees. It does so to enable its business
to function and to further its growth and best interests. But what
do you do when that trust is broken, an employee breaches their
employment contract and their overarching obligations to the
business?
In this article we consider some of the practicalities and
pitfalls in protecting the business after an employee departs.
Does your employment contract contain protections for the
business?
In most employment contracts, an employer will seek to protect
its confidential information and the goodwill that it has spent
years or decades building. While the law may separately protect
truly confidential information and an employer's intellectual
property, it is critical for the employment contract to contain
