Breach of Fiduciary Duty or Loyalty

 

The best security for the fidelity of men is to make interest coincide with duty.”

–Alexander Hamilton

 

In most states, employees owe a fiduciary duty and/or duty of loyalty to their employers. Often, this duty prohibits employees from engaging in competition with their employer while they are still employed. For example, employees are normally prohibited from soliciting the clients of their employer away from their employer while they are still employed. Employees can also be prohibited from stealing information, even in some cases, contact information that the employee has gathered over their employment.

When considering a move to another employer or business, you should consult with an attorney, especially if you are considering going into a competing business–even if you are not bound by a non-compete agreement. This will help you to avoid beginning your new employment relationship on a bad note – such as, by being served with a lawsuit from your former employer.

Back to Employment