Protecting Trade Secrets When an Employee Leaves

When a key employee leaves for a competitor, a company’s most valuable information can walk out the door with them. What you do in the first few days can determine whether you can protect it.

Move quickly

Trade-secret cases reward speed. Evidence of misappropriation, downloaded files, forwarded emails, connected devices, is often most recoverable immediately after a departure. Waiting weeks to act can cost you both the evidence and the argument that the information was truly a secret worth protecting.

Preserve, then investigate

Before anything else, preserve the departing employee’s devices and accounts. A forensic review can reveal whether confidential files were taken. Rushing to court without this foundation weakens a claim; building it first makes injunctive relief far more attainable.

Know your agreements

Confidentiality and non-solicitation agreements are only as good as their enforceability. Review what the employee actually signed, and how Georgia law treats it, before you rely on it. Well-drafted agreements make the difference when a dispute reaches a judge.

The bottom line

Protecting trade secrets is a race against time. Companies that prepare in advance, and act decisively in the first 72 hours, are the ones that succeed.