My Former Employee Is Competing With Me, Now What?

Every business has something that provides it with a competitive advantage.  Often that something is confidential information, trade secrets, well-trained employees, or very loyal customers.  Businesses work diligently and for many years to develop its processes, formulae, and methods of conducting business.  They also spend a lot of time and energy to create and develop relationships with customers and clients, and to train employees to be successful in the business. 

Inevitably, an employee leaves to form or work with a competing business.  As part of the employee’s departure, (s)he informs customers of her decision to leave.  Perhaps the employee solicits your clients with whom you have entrusted to the employee, using the knowledge of the client’s preferences and contractual arrangement. 

What can a business do to protect itself when an employee leaves, taking or using trade secrets, or soliciting clients?  Can anything be done to stop unfair competition, particularly in light of Business & Professions Code § 16660 which encourages unfettered competition.  Can my former employee raid my business of my best employees?  What obligations does an employee have to its employer?  Should I have the employee sign an agreement not to compete, or to maintain confidentiality?  Does the employee have any duty of loyalty?  Can I sue my competitors?  When will a lawsuit protect me and my trade secrets? 

We invite business owners, managers, attorneys, and human resources professionals to attend, in person or via webinar, our monthly Legal Beagle Bagel Breakfast to learn more about what businesses can, and should, do to protect themselves against misappropriation of trade secrets, and against unfair competition.        

Thursday, September 28 2017 - 9:00 a.m. – 10:30 a.m.

7112 North Fresno Street, Suite 450; Fresno, California 93720

*This session will be available via webinar.


Cost: $25.00 per person (FREE for HR Business Partners); an additional cost of $10.00 per line for participating via webinar. The registration deadline for the webinar is Wednesday September 27, 2017. Fishman, Larsen & Callister is an HRCI Approved Provider. The use of the HRCI seal is not an endorsement by HR Certification Institute of the quality of this program. It means that this program has met HR Certification Institute’s criteria to be pre-approved for recertification credit. HRCI credit is an additional $10.00.

To register, please contact our receptionist at (559) 256-5000, via fax at (559) 256-5005; or via e-mail to Sign up now! Seating is limited. An RSVP is a commitment to pay. No refunds or cancellations; however, substitutions will be accepted.