Peter A. Steinmeyer, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Chicago office, co-authored the 2022 Thomson Reuters Practical Law Practice Note, titled “Preparing for Non-Compete Litigation.”
Following is an excerpt (see below to download the full version in PDF format):
Best Practices for Gathering Evidence
Employers often learn from clients, customers, or employees that an employee or former employee is working for a competitor or preparing to do so. Rather than relying on second-hand knowledge of a suspected violation of a non-compete, employers should promptly conduct their own investigation to:
- Evaluate whether the employee’s conduct violates a non-compete.
- Gather evidence to be used if the employer decides to pursue legal action to enforce the non-compete. …
Investigating a Suspected Violation
Because of the nature of the conduct at issue and the potential harm inflicted, an employer should act quickly when it suspects an employee is violating a non-compete. There are numerous reasons for doing so. For example, quick action:
- Demonstrates that the employer has a legitimate business interest and takes any suspected violation seriously.
- May minimize damage to the employer’s business resulting from an employee’s competitive activity.
- Helps ensure that any potential evidence of the employee’s conduct will not be lost (see Preserving Electronic Evidence).
