There are various steps that employers can take to reduce the
potential damage to their business in the event that employees
depart and join competitors.
One of the most crucial steps is to ensure that if employees do
leave, they cannot use the employer's confidential information
to develop the competitor's business. In this regard, employers
should ensure that any confidential information which is most
likely to be of use to a competitor is protected by appropriate
security measures. Further, the employer should take steps to track
how and when data has been accessed, and for investigating
potential concerns quickly, at a stage when action can be taken.
Beyond use of confidential information, orchestrating team moves
itself is often actionable either as conspiracy or breach of
fiduciary duty or the duty of fidelity. Ensuring that evidence of
such illicit activity is preserved is crucial.
