"As part of your employment with <unnamed> corporation, you agreed to
it's rules as detailed in the Employee Guide. Among other things,
that Guide includes post employment restrictions against disclosing
either directly or indirectly "Confidential
Information." Confidential information includes customers lists,
business plans, product costs and the like.
Under PA law a former employee's disclosure of "confidential
information to a new employer that is competes in the same business
area violates the Pennsylvania Unfirom Trades Secret Act 12 P.A Cons
Stat Sec 5301 -5308. Any violation would constitute a
"misappropriation of a trade secret" See Practicioner's Guide to the
New Pennsylvania Trade Secrets Law, Bar Quarterly, October 2004. If
that information adversely affects the former employer, the employee
would be liable under Pennsylvania law for "Tortious Interference
With Prospective Business Advantage" "
:)
At 05:23 PM 2/17/2006, Matthew Caldwell wrote:
Mark,
Not to give you legal advice, however depending on the state
your agreement/employer is from, these types of agreements can rarely be
enforced unless they are compensating you during that time, for that
specific clause. That being said, it would be in the corporations right
to attempt to collect if the agreement was broken usually never taken to
court/mediated and just use it as scare tactics. Long as you don't take
any Intellectual Property your more than likely good to go. We stopped
indentured servitude in the 19th century in the United States.
Matt
Matthew F. Caldwell, CISSP
Office of the CTO IBM/Micromuse
mattc@micromuse.com
-----Original Message-----
From: Mark Teicher [mailto:mht3@earthlink.net]
Sent: Thursday, February 16, 2006 2:10 PM
To: security-basics@securityfocus.com
Subject: Exiting of CSO type employees
I realize this topic has been discussed on this mailing list before in
the past. But today's twist is, can corporations enforce any sort of
anti-competitive legal clauses to prevent a non-revenue producing CSO
(who has been at the company for approximately a year) from going to
work for a competitor or one of their resellers or VARs??
If so, how long can a corporation enforce this type of legal agreement
for ?? (2 months, 1 year, forever?)
------------------------------------------------------------------------
---
EARN A MASTER OF SCIENCE IN INFORMATION ASSURANCE - ONLINE
The Norwich University program offers unparalleled Infosec management
education and the case study affords you unmatched consulting
experience.
Tailor your education to your own professional goals with degree
customizations including Emergency Management, Business Continuity
Planning,
Computer Emergency Response Teams, and Digital Investigations.
http://www.msia.norwich.edu/secfocus
------------------------------------------------------------------------
---
---------------------------------------------------------------------------
EARN A MASTER OF SCIENCE IN INFORMATION ASSURANCE - ONLINE
The Norwich University program offers unparalleled Infosec management
education and the case study affords you unmatched consulting experience.
Tailor your education to your own professional goals with degree
customizations including Emergency Management, Business Continuity Planning,
Computer Emergency Response Teams, and Digital Investigations.
http://www.msia.norwich.edu/secfocus
---------------------------------------------------------------------------
