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The Case of Business Secrecy v. Job Mobility

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Originally Published MX January/February 2003


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Keeping Secrets

In the tug of war between business secrecy and job mobility--pulling toward greater security in one case and maximum freedom in the other--employers and employees each should take steps to protect themselves.
Get It in Writing. Both employer and employee should put everything in writing. For employers this means having written confidentiality agreements with all employees who come into contact with business secrets, including bookkeepers and shipping clerks as well as high-ranking executives. Employers should also identify key employees for whom a noncompetition agreement would be appropriate, and should consult with experienced legal counsel in drafting and negotiating such agreements.