Legal Question in Business Law in Georgia
Employers rights
After firing an employee, she took her appointment book with names and numbers of clients. She bought the appointment book while in my emplyee, but the clients were furnished to her by the business. Who gets the appointment book?
4 Answers from Attorneys
Re: Employers rights
She gets the book. I suggest that you ask you employees that have contacts with your clients to sign a no compete agreement. I or another attorney here would be happy to help you with that.
Re: Employers rights
Absent the contract that covers non-disclosure, non-solicitation, or non-compete, you would have to show that the information is protected, such as trade secrets. It would generally be a difficult task to include a personal appointment book with some notes, names and addresses, in that category. In addition, you can't take away what is in an employees head.
Re: Employers rights
If she bought the book, the book is her personal property.
Howver, information gathered in the course of employment, relavant to the employer's business, is yours,and you can demand a copy of it.
Re: Employers rights
"Information," such as an employee's personal writings, correspondence or email, etc., does not become your property merely because it is relevant or related to your business, and you have no automatic right to it (obviously, you can ASK for it). As stated in other posts, you must show a contractual or other legal right to get it, such as trade secrets or other protected information, and that is no easy standard.
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