Tag: Confidential Information

Extraordinary damages not automatic in ‘cause’ cases

by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]

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EEOC sharing employers’ position statements with charging parties

by Leslie Silverman Employers should be aware that the position statements they submit to the Equal Employment Opportunity Commission (EEOC) are now far more likely to end up in the hands of the employees who filed those charges and their attorneys. The agency has instructed all of its 53 field offices to release respondents’ position […]

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Tips for protecting your most valuable assets

by Scott A. Holt Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many employers require employees who have significant contact with clients to sign nonsolicitation agreements. However, executing and enforcing nonsolicitation agreements are two different matters. Like traditional […]

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The case for cause with a single act of employee misconduct

by Keri Bennett The Supreme Court of Canada tells Canadian employers that they must strike a balance between the severity of the misconduct and the sanction imposed when deciding whether to terminate employment for cause. So what happens when the misconduct is a single act? Can that justify termination for cause? According to the British […]

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It’s not a settlement when the parties can’t agree on what they agreed to

By Christina Hall It is usually good news for employers and employees if they are able to resolve an employment dispute and reach a settlement before engaging in protracted litigation. However, finalizing the details of a settlement can be a tedious process. When the parties rush through the process or fail to properly consider the […]

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Employer obtains injunction to prevent misuse of its confidential information

by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully […]

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Can you keep a secret? Court upholds termination for breach of confidentiality

By Hannah Roskey When will an employee’s breach of confidence justify immediate dismissal under Canadian law? A recent decision by the British Columbia Supreme Court demonstrates that clearly drafted employer policies intended to protect confidential information can indeed be strictly enforced. In Steel v. Coast Capital Savings Credit Union, the court upheld the dismissal of […]

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Disgruntled employees: What are the risks, what are the remedies?

HR professionals know the tips and tricks to keep from making bad hires. There’s never any certainty, but smart professionals armed with strong interviewing skills and solid job descriptions stand a better than good chance of weeding out bad hires on the front end. But what does the savvy HR pro do about “bad quits” […]

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Calculating Damages from Misappropriation of Confidential Information

By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]

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Trade Secrets, Confidential Information, and Employee Theft

by John Vering A recent national survey found that 59 percent of employees who quit or were laid off or terminated in the last 12 months admitted to stealing company data, and 67 percent admitted to using their former employer’s confidential data to find a new job. Read on to learn what you can do […]

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