TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

JANUARY 2008: CONFIDENTIALITY@ WORK: JUST BECAUSE YOU BUILT IT DOESN’T MEAN IT'S YOURS

A common misperception among my clients is that if they built or compiled a database they can take it with them when they go. This issue arises most commonly with my sales clients who develop relationships and feel that when they leave the customer lists they have created are theirs to take and utilize.

This is simply not true even in the absence of a non-solicitation or non-competition restriction. The general rule is that as an employee you are paid to do a job and the product of your efforts belongs to your employer. Whether it is developing software code, trading algorithms or a compiling names and addresses of clients and contacts, you were paid for your “work product” and therefore it belongs to the company. When you leave, regardless of the reason and not matter how “wrongful,” you must leave your “work product” behind either on your desk, in a file or in a hard drive. You cannot destroy your “work product” or take it with you to utilize for the benefit of yourself or others.

Now that we have the general rule we can look at a few of the exceptions. First, any contacts or relationships you bring with you remain yours to take when you leave so be smart and do not co-mingle them. Second, if the identity of your clients or customers can be recreated from public information you may recreate the list on your own time from memory.

The easiest way to avoid any issues of confidentiality is simply to leave everything behind and do not keep copies at home when you go.

Next Month’s Tip: TWO TIPS FOR ANALYSTS AND TRADERS

Monthly Tip Archive

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