Employee brain power is often the most important
asset a company can draw upon. This includes everything from the
accumulated knowledge of company procedures, policies and basic operations to
very specific and valuable facts about proprietary products and services and
important customer information. In today’s digital marketplace, the
loss of one or more key employees who have been exposed to confidential
company information can be devastating.
It is also a fact that employees switch jobs on a
regular basis, especially in the software and e-commerce fields. New
opportunities and information about new opportunities abound. Many
employers, knowing this fact, attempt to restrict employee mobility through
non-competition and confidentiality provisions in employment agreements.