by Tiffany L. Cox, Esq., Ogletree Deakins, San Antonio
It is 4 p.m. on a Friday afternoon. You’ve just learned that your top-performing salesman is quitting to take a job with a direct competitor.
You quickly locate the salesman’s personnel file to determine whether he signed a noncompete or similar restrictive covenant agreement. Much to your dismay, you see that he didn’t sign.
Now you don’t know whether the salesman took any company documents with him when he abruptly left the office. Of course, he doesn’t need any documents to recall your company’s confidential information. He knows your significant customers, the cost you pay for your materials and your company’s pricing strategy.
The salesman has yet to solicit any of your customers—but you know he will. It’s inevitable, given his new sales position working for your biggest competitor. You know that you must take immediate legal action to prevent substantial financial ...(register to read more)