PROTECTING YOUR BUSINESSES - Intellectual Property
Our phones (Employers Assistance Ltd) are ringing more often. Very, very distressed
employers. Similar horror story. The employer explains "He’s quit!!
He’s got everything on computer!!! He’s gone to the opposition!! Just walked
out!! He’s the only one that knows the clients!! No notice period…..nothing!
What on earth can I do?"
Protect Your I.P.
One of the many challenges for Employers is to protect the company from the impact
caused by key employees leaving.
Of course every employee, no matter how important, will leave and the circumstances
are generally outside the control of the company. They resign to take up new
opportunities, occasionally are dismissed, retire, or even die.
There are many steps businesses can take to help protect themselves.
Basically there are two scenarios when an employee leaves. They leave with
'institutional knowledge' (your systems and procedures) only - or they leave with
"Confidential, Commercially Valuable & Sensitive information" that might be
used in competition against you.
Frequently businesses rely on a Restraint of Trade' clause to protect themselves
from an employee setting up in opposition. The clauses are often upheld by
the courts but they also can be ineffective if a court ruling goes against you.
Some suggestions include 'Confidentiality Agreements' either prior to employment
or even prior to passing on confidential or commercially valuable information to
existing employees. You might care to visit and sign off a Terms Of Reference
document which is binding and enforceable to both parties.
One very effective system involves the employee signing off 'Statutory Declarations'
and this has offered the protection required in the past.
All businesses should ensure that they take steps to minimise the impact when a
key employee leaves.
ESP subsbscribers get this free - see the library section
in the online Toolbox
Click here for more information on the system >>
or
Sign up for the Employer Support Package and get this FREE >>
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