How do you negotiate the departure of an employee?

How do you negotiate the departure of an employee?

Because of the information than an employee takes with him, all “breakups” are dangerous. More frequently, employers take into consideration the problem of leaving employees, because these separations aren’t correctly administrated, can harm other people, as well as the organizations with which they are associated.

After you find out an employee is leaving, most of the times it is to late to prevent, the movement to the future employer. That’s why, it is important the way both parties agree on their future behavior.

The key to a successful result is the usage of a legal document which can underline the rights as well as the obligations of both parties after the employee is leaving.

It is important to know what contractual rights the present employer can control in the behavior of the employee after his departure. It is a matter-of-course that settling in advance the problems which may occur is the key to obtaining better results. The employer must discuss with the employee immediately after it is found out the fact that he is leaving.

Obviously, it must be taken in consideration gathering as much information as possible regarding the new job, the duties and how close they will be to the current employee’s job. The perception of the employee regarding his capability (or the lack of it) to protect the business secrets of the current employer must be relevant for the behavior of all implicated parties. It must be taken into consideration if information was copied or deleted from the current employer during the preparation for the job change.

Definitely, almost everyone understands the situation where an employee has the duty not to bring prejudice to the legitimate interests of the current employer. Among these legitimate interests are the protection of confidential information and company’s secrets. But how can you prevent an employee using confidential information that weren’t disclosed? It would be extremely difficult to control the use of some information that do not have a tangible form or are not officially protected as commercial secrets, patent or copyright. Moreover, what happens with the inventions or improvements that were made by the employee once he leaves?

Generally speaking, the only hope that employers have if there is no written agreement is the limited and non-exclusive right to use the invention at the present headquarters.

The future employer is free to compete with the present one. That’s why as long as he doesn’t take benefits directly or indirectly from the present employer’s commercial secrets estrangement, the future employer can’t be brought to justice.