Legal Question in Employment Law in Florida
Ethic Policy or Non-compete?
President of the company wants a statement in the Employee Handbook that prohibits any employee from disclosing information (after they are no longer employed) that could potentially harm the business. What type of policy (if any) could be included?
1 Answer from Attorneys
Re: Ethic Policy or Non-compete?
It's commonly referred to as a confidentiality policy. It typically says that employees understand the company's information is proprietary, important, etc., and a breach of confidentiality would do harm to the company. They thus agree not to share confidential information during employment or after separation. You might include a definition or examples of confidential information.
Of course, there are many items that go into making a policy legal and effective. You could buy one off the shelf, so to speak, or probably find one online, or hire an attorney to provide one tailored for your company. An attorney will ensure that the policy is enforceable, to the extent possible. (There are never any iron-clad guarantees.) If you hire an attorney, it might be a good time to have the entire handbook reviewed and updated. There are plenty of traps for the unsuspecting lurking in their own handbooks. (Feel free to email directly to me if you need an attorney.)
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon
The Sheldon Law Firm
CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.