How do we protect trade secrets from employee theft?

Question: "An employee owes a duty of fidelity to the employer" If information comes into the hands of an employee in the course of employment and which the employee wishes to take advantage of, what would happen (a) whilst the employment contract is continuing, and (b) after the employment contract comes to an end?

How may the employer ensure that employees do not abuse the confidence reposed in them with regard to trade secrets information concerning customers and business procedures.

Rita Risser's response:

The answers to your questions (a) and (b) are, it depends on what the contract says. In most large high tech companies, employees sign a Patent and Confidential Information Agreement that prohibits them from using any confidential information either while employed or after employment. These contracts are enforceable by law.

The best way for an employer to ensure that employees do not take away confidential information is to have them sign such an agreement.

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