Undoubtedly, employers are livid when departing employees utilize their then authorized access to seize, delete or copy proprietary information. However, often employees have valid claims to such information, irrespective of whether they work at the company or move on to another, even a competitor. For instance, contact lists cultivated during an employee’s tenure can arguably be considered property of the employee, irrespective of whether an affiliation with that particular company remains.
Whatever the merit (or lack thereof) of a departing employee’s conduct, heretofore they have been accused on dozens of occasions of misappropriating their former company’s information in potential violations of copyright, trade secret, privacy and unfair competition laws. Numerous cases decided thus far in 2015 are laden with similar allegations.
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