The departure of an employee or independent contractor from a business or organization can be a difficult and sensitive time for both parties. We act for employers and employees to assist with issues relating to an individual’s departure or termination. While we often seek to resolve employment disputes without litigation where possible, we are ready, willing, and able to represent our clients before the courts to obtain a fair outcome.
This type of departure situation may lead to complex tensions between an organization’s legal rights regarding the use and control of secret or proprietary information and an individual’s legal right to apply their skills, knowledge, and expertise in new endeavours. In addition to workplace investigation, termination, and wrongful dismissal issues, we have expertise in enforcing related contractual agreements, including restrictive covenants relating to non-disclosure, non-solicitation, and non-competition.
We similarly assist in emergent workplace situations relating to suspected fraudulent activity, the misappropriation of secret or confidential information, and unfair competition by departing individuals and their new employers or business partners. The investigation and any pre-termination disciplinary actions relating to such potential misconduct have permanent legal ramifications. We, therefore, recommend pre-emptive guidance through this process wherever possible.
We have significant experience obtaining or contesting extraordinary judicial remedies to prevent the alleged misappropriation of confidential information or unfair competition by departing individuals and their new employers or business partners. This includes time sensitive remedies such as injunctions and civil search and seizure orders.