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Competition from your Former Employee
October 1, 2014
MyTechnologyLawyer
The most common way for employers to insulate themselves from unfair competition by the former employee is to require non-compete and confidentiality clauses in the employment agreement which survive termination of the employment relationship. However, these clauses are limited by geographic scope and typically last no longer than one or two years after termination.
One of the best tools available for minimizing the risk of unfair competition in circumstance where an employment agreement does not exist or the restrictive clauses have expired is to leverage your copyright, trademark and trade secret assets. Competing against you unfairly without infringing these assets is very difficult, and may give rise to a claim against your competitor that will chill enthusiasm for further employee piracy.
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