Employment Law Reality Check New York Trade Secrets

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. You owe your former employer a duty of loyalty. 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!

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 but do not count on that.

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

Faithless servants or former servants get sued. Persons who breach duties of good faith do as well. If the knowledge you gained while employed can harm your former employer when you leave then be careful who you share that knowledge with. Call an employment lawyer to discuss if you have any doubts. Not doing so can be costly! Non-solicitation and non-compete agreements should be carefully drafted and reviewed. If reasonable, they 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 agreements with your former employer before you are served with a notice to cease and desist or face an injunction. Or most recently, potential criminal action for “no-poaching” agreements

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.