Trade Secrets

Whether you can prohibit an employee from using information gained from you in future employment is essentially dependent on if that information can be classified as a trade secret, a term that is somewhat misleading. The term “trade secret” implies a highly protected, extremely secretive method of production and conjures up images of “Secret Formula X” in a guarded vault. In fact, the definition is much more broad in relation to the area of employer confidentiality.

A trade secret is information, including a formula, pattern, program, customer list, device, technique or process that: