It’s a situation that happens more often than you might think: An employer finds out that one of its employees is preparing to leave and set up her own shop.
The discovery can happen in any number of ways—a telltale incoming piece of mail addressed to the employee, perhaps. Maybe the clues are in an email flagged during a routine review of computer servers. A customer might casually ask whatthinks of the employee’s upcoming departure. Quite often, office gossip is the giveaway.
But is the employer handcuffed, unable to do anything about the upstart competitor because this employee didn’t sign a noncompetition agreement?
Can’t serve two masters
There are right ways and wrong ways for an employee to leave your company. Just because an employee isn’t subject to a noncompetition agreement doesn’t mean she can’t be liable for mistakes made on the way out the door.
Even without a noncompetition agreement, an e...(register to read more)