I discuss in the essay below to what extents have the latest judicial decissions eroded the employers' business interests?

Essay by BilalSnainehUniversity, Master's January 2004

download word file, 17 pages 4.0

Downloaded 144 times

CONTENTS

1. Introduction.................................................................3

2. Fidelity......................................................................4

3. Trade Secrets and confidentiality...........................................6

4. Competition.....................................................................10

5. Disclosure of Confidential Information in the Public Interest.......12

6. Design and Invention ....................................................14

7. Copyright...................................................................15

8. Conclusion.................................................................15

Contract of Employment

1. Introduction:

Employees and employers are bound with some duties which are added into the contract of employment by operation of law. These obligations could be found only in the decisions of judges (the common law), but many of them are now endorsed in the Employment Right Act of 1996. The law will implied certain terms into the contract of employment between the employer and the employee. These terms can be stretch out by express agreement. However, the employee must avoid putting himself in a position where his own interest conflicts with his duty to the employer. If the employee fails to serve his employer honestly and faithfully, he may be in breach of his duty.

A key employee has defected to the competition.

Management is angry - and worried. The employee has lots of competitively sensitive information, such as next year's marketing strategies and details about the company's most important new product development efforts. The employee never signed a non-compete agreement, although the company did obtain his signature on the boilerplate confidentiality agreement when he started his job many years ago. The employee swears that he will live up to his confidentiality obligations, and his new employer says that they don't want to hear about any info from your company. Still, management does not trust the employee's ability to do so, especially since his new job will be substantially the same as his old job. Management asks, "What can be done? Can't we stop him?"

This familiar scenario is playing out all over the country, as the tightening job market encourages companies to become more aggressive...