What happens when an employee takes confidential information?

The Employment Law & HR Podcast

We are often called upon by both employers and employees to advise in situations where a departing employee has taken documents or confidential information belonging to their employer.

Sometimes this is completely innocent and there is no intention on the part of the employee to exploit the information, and in others it is taken with the intent to use in their new employment, either way this can be very worrying for employers.

In this episode 232 of the podcast I bring you a run down of the key things employers can do if they find themselves in a situation where confidential information has been taken and how to safeguard and prevent the loss in the first place. In this episode we cover:

• The reasons why departing employees may take confidential information or documents,
• The immediate steps employers should take when they find out that an employee has taken confidential information.
• The legal options available including obtaining an injunction and/or damages.
• The potential criminal consequences of taking confidential information or documents.
• Steps that employers can take during an employee’s employment to safeguard data.
• The importance of a robust confidentiality clause in employment contracts.
• When a non-disclosure agreement may be required.
• Why you should consider post-termination restrictions in your employee contracts.
• The points to note to ensure post-termination restrictions are enforceable.
• Why having robust IT processes and regular audits is important.

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