Non-compete Agreement. Non-disclosure, Non-solicitation, and trade secrets demand confidentiality.

New York recognizes confidential trade secrets

Trade secrets and loyalties are protected regardless of writings.

If you have worked for the same employer for any length of time the chances are pretty good that you have learned trade secrets. And you don’t have to be a rocket scientist to be accused of breaching your implied duty of good faith or loyalty to your employer.

The common law still applies in New York. And so does the federal Defend Trade Secrets Act of 2016 (DTSA).

Even if you signed no restrictive covenants nor did you sign any non-compete covenant(s) nor are there any written agreements between you and your former employer. You still have common law duties not to disclose confidential information in New York. https://www.urbanylaw.com/new-york-employment-law-914-366-7366/severance-agreement/ You owe your current employer a duty of loyalty. You must maintain your former employer’s confidentiality of trade secrets after you leave. When you work for an employer under New York law how you handle secrets should be similar to how any lawyer would handle what you tell them. In strict confidence! https://www.urbanylaw.com/

Employer which takes reasonable steps to protect a trade secret

Most computers have passwords. Any information or data on a password protected device is confidential. It’s a trade secret! And every employee has a duty to keep that information confidential. Possibly forever.

If your employer protected certain information or processes while you worked there then so should you even after you leave. If you got fired through no fault of your own you might have a little more leeway with a non-compete agreement. But a trade secret remains secret.

Trade secrets mean what they say. Most businesses have them. You have to honor them with or without an agreement to do so.

Faithless servant doctrine lives in New York

The Faithless Servant Doctrine arises from the common law. It is alive and well. If you used confidential information of your employer, just before you left or while you worked there, and your use of that information causes damage to that employer you breached your duty.

Call an employment lawyer to discuss if you have any doubts. Not doing so can be costly! 

Non-compete Agreement, Non-solicitation

A Non-compete Agreement, similar to a Non-solicitation one, should be carefully drafted and reviewed. If reasonable, both must be followed. Call to discuss. Why termination for cause matters; a lot in New York.

Let experienced employment lawyers help you negotiate and draft non-compete, non-solicitation, and trade secrets agreements before a notice to cease and desist is served on you or a future employer. Injunctions can be very costly. Some agreements can result in potential criminal action, for example “no-poaching” agreements

Employee Handbooks

Employee handbooks should reference important recent legislation. 

Sexual harassment prevention.

Westchester County Earned Sick Leave Law.

Lactation Rights of Women https://labor.ny.gov/formsdocs/wp/LS702.pdf

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Call V. Jonas Urba for a confidential consultation at (914) 366-7366. If you worked anywhere within the state of New York we may be able to help. 

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