Do former or current employees have responsibilities regarding the protection of proprietary information?
Yes. Employees are not entitled to give proprietary information to their new employers, even for their own purposes. Employers should do everything they can to make sure that when an employee is hired he is aware of such obligations. These obligations should be addressed in employment agreements and employment manuals and policy handbooks. Bulletin board reminders might be considered, and departing employees should be reminded of their obligations not to disclose or misappropriate proprietary information. Employers should address this in exit interviews and should require the return of all access codes, cards, laptops, CDs and other forms of confidential information before the employee leaves. Employers should try to obtain a signed statement that the employee has returned all proprietary information. What constitutes confidential proprietary information? Absent an agreement, protected information is often limited to that which constitutes a trade secret. A key to being considered a tr
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