Nov 4, 2009

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What obligations might I have to my prior employer?

Generally speaking, you have an obligation to keep confidential and not to exploit for your own or another's benefit any trade secrets or other confidential information of your former employer. You have this obligation as a matter of law regardless of whether or not you signed an agreement with your former employer regarding confidential information.

Employers in technology-driven industries also nearly always require their employees to sign agreements regarding the protection of confidential information and the assignment of intellectual property. These agreements sometimes also impose obligations on the employee not to compete with the employer for a certain period of time.

A breach of obligations to a former employer can have serious consequences for the employee and the new employer. Consequently, if the business of your new company or employer is related to the business of your former employer in any way, such as possible overlap of markets, customers or technology, you should consult a lawyer.

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