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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5568
Experience:  Exclusively practice labor and employment law.
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A former employer is threatening a past employee with taking

Customer Question

A former employer is threatening a past employee with taking patient information with them when they departed the company. That information was used to contact the patients and let them know that they were forming a new practice. Former employer is now saying that the information was stolen and wants to sue. I'm trying to understand the validity of this claim from a legal perspective. Thank you
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

Customer lists are not information that can be considered proprietary information and thus aren't protected by the law. In other words, if you can find the person's information in a phone book, it is not misappropriation of a trade secret. Now, if the employee took for example patient records or other information that was created as work product, that could be considered misappropriation and unfair competition. Otherwise there is no valid claim to be made.

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