What steps can I take to protect my company's trade secrets and confidential information from being stolen or misused by a former employee?
As a lawyer, here is my advice on how to protect your company's trade secrets and confidential information from being stolen or misused by a former employee:
- Implement a confidentiality policy: Your company should have a written policy that outlines the types of information that are considered confidential and are not to be shared with anyone outside the company. This policy should be signed by all employees, including management, and should be reviewed on a regular basis.
- Non-disclosure agreements: An effective way to protect trade secrets and confidential information is to have all employees and contractors sign a non-disclosure agreement (NDA) that spells out their obligation to maintain the confidentiality of the company's sensitive information. NDAs should be specific to the employee's job duties, and should include provisions for return of materials and destruction of confidential information when the employee leaves the company.
- Limit access: The company should implement strict access controls to sensitive information, and should limit access to only those employees who need to know the information to perform their duties. This will reduce the risk of accidental or intentional exposure of confidential information.
- Password protection: Passwords provide another layer of protection for sensitive information. All company files and databases should be password protected, and passwords should be changed on a regular basis.
- Exit interviews: When an employee resigns or is terminated, the company should conduct an exit interview to remind the employee of the confidentiality obligations outlined in the NDA and company policy.
- Monitor computer and network use: The company should keep track of employees' computer and network use, and should have the ability to monitor activity to detect any unauthorized use or access to sensitive information.
- Pursue legal action: If an employee has violated an NDA or engaged in other unlawful conduct related to trade secrets, the company may have legal remedies available. Under federal and state law, trade secret theft is typically considered a civil offense, and the company may be able to file a lawsuit seeking injunctive relief, damages, and/or an order for the return or destruction of stolen information.
In sum, protecting a company's trade secrets and confidential information requires a multi-faceted approach. By implementing security measures, monitoring employee activity, and pursuing legal action when necessary, a company can reduce the risk of confidential information being stolen or misused by a former employee.