43 - Protecting confidential information and trade secrets after an employee leaves

Protecting Your Business: Managing Confidential Information and Trade Secrets Post-Employment In this comprehensive episode of Business Know How, hosted by Melissa Bush, discover how to safeguard your business against the risk posed by departing employees. The episode covers the legal duties that extend beyond employment, essential contractual tools like confidentiality clauses, non-solicitation, and non-compete restraints, and practical steps employers can take before, during, and after an employee's departure. Learn from recent court cases and stay informed about potential changes in employment law, including upcoming federal reforms. Packed with practical advice and real-life examples, this episode is crucial for any small business owner looking to protect their confidential information and trade secrets.

00:00 Introduction: Protecting Your Business When Employees Leave

00:28 Legal Duties After Employment Ends

03:28 Implied Obligations in Employment

06:08 Express Contractual Tools for Protection

08:49 Practical Steps for Employers

11:05 Recent Case Law and Legal Developments

19:53 Operational and Procedural Steps

23:18 Upcoming Legal Reforms and Final Advice

26:17 Conclusion and Contact Information

Cases referred to in this episode:

McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd (NSW Court of Appeal)

Shire Real Estate Pty Ltd v Kersten (NSW Supreme Court)