Can you keep a secret? Court upholds termination for breach of confidentiality
By Hannah Roskey When will an employee’s breach of confidence justify immediate dismissal under Canadian law? A recent decision by the British Columbia Supreme Court demonstrates that clearly drafted...
View ArticleEmployer obtains injunction to prevent misuse of its confidential information
by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing...
View ArticleIt’s not a settlement when the parties can’t agree on what they agreed to
By Christina Hall It is usually good news for employers and employees if they are able to resolve an employment dispute and reach a settlement before engaging in protracted litigation. However,...
View ArticleThe case for cause with a single act of employee misconduct
by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate...
View ArticleTrade Secrets, Confidential Information, and Employee Theft
by John Vering A recent national survey found that 59 percent of employees who quit or were laid off or terminated in the last 12 months admitted to stealing company data, and 67 percent admitted to...
View ArticleCalculating Damages from Misappropriation of Confidential Information
By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other...
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Disgruntled employees: What are the risks, what are the remedies?
HR professionals know the tips and tricks to keep from making bad hires. There’s never any certainty, but smart professionals armed with strong interviewing skills and solid job descriptions stand a...
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Tips for protecting your most valuable assets
by Scott A. Holt Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many...
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EEOC sharing employers’ position statements with charging parties
by Leslie Silverman Employers should be aware that the position statements they submit to the Equal Employment Opportunity Commission (EEOC) are now far more likely to end up in the hands of the...
View ArticleExtraordinary damages not automatic in ‘cause’ cases
by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are...
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DOJ Urges State Court to Use Antitrust Principles to Invalidate Noncompetes
Noncompete agreements between employers and their employees traditionally are governed by state law. But that didn’t stop the Antitrust Division of the U.S. Department of Justice (DOJ) from recently...
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4th Circuit Providing Lesson on Drafting Employee Agreements
The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a...
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Lessons on Drafting Employee Agreements
The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a...
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Hypotheticals Can Render Restrictive Covenants Unenforceable
On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case...
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Can Hypotheticals Render Restrictive Covenants Unenforceable?
On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case...
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Clear, Effective Social Media Policies Protect Reputation and Reduce Risk
Generally speaking, you can prohibit your employees from engaging in certain activities (including social media use) during work hours or while using your equipment and/or communication systems—and...
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Noncompete Contracts Protect Your Business in a High-Turnover Job Market
In a job market with high turnover rates, noncompete contracts are useful ways to protect your business in industries that are susceptible to damage when an employee brings knowledge of internal...
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My Former Employee is Sharing Confidential Information—Help!
As an employer, one of your worst fears may be that a disgruntled or entrepreneurial former employee may try to share your internal operations, documents, or trade secrets. What you can do to protect...
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Why Mass Layoffs Pose Insider Risks and How Companies Can Protect Themselves
The last year and a half has brought unusual mass movements of people leaving and entering the workplace. Trends have included record breaking resignations, quiet quitting, and most recently, layoffs...
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NLRB Challenges Overly Broad Confidentiality and Nondisparagement Provisions...
Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers that offer severance agreements to employees with broad nondisparagement or...
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