I am worried about our senior employees joining a competitor and using our confidential information, if they leave employment with us. There are no post-termination restrictive covenants in their service agreements. How do I handle it?
This is not a straightforward query and it is fraught with legal risk. I have summarised below some considerations which you will need to take into account, when dealing with this issue.
As you have recognised, is important to have commercial protections in the employment contracts of senior employees. Senior employees will likely have knowledge of strategic business information or customer contacts that they could try to use for the benefit of a new employer or business which they set up themselves after leaving
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