LAW 529 Chapter 16: Chapter #16-Post-Employment Obligations.docx
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27 Feb 2012
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Under common law, it is an implied term of every employment contract than an ee serve an er honestly and loyally. Aspects of this obligation continue after the employment relationship ends. Regardless whether and ee leaves his job voluntarily or through dismissal, he cannot use or disclose trade secrets or confidential info obtained as a result of his employment. The duty not to disclose confidential or proprietary (owned by the er) info applies equally to managerial and non- managerial ees. Duty to solicit or compete with a former er. The general prohibition against using or disclosing confidential information obtained during employment is the only restriction imposed on most former ees. A fiduciary employee is a senior or key ee who holds a position of trust and who could significantly affect and. Er s interest has additional post-employment obligations to a former er.
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