Non-Compete Litigation: Is My Personal Device Protected?
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
An individual who’s been accused of violating a non-compete agreement may quickly find himself embroiled in a complicated lawsuit with his former employer. He may also quickly discover that his former employer doesn’t view his personal devices as “personal.”
Instead, the former employer likely sees his smart phone, laptop computer, tablet, and thumb drives as potential sources of information regarding the alleged non-compete violations. And, to gather proof that he violated the non-compete agreement, the former employer may ask to inspect the devices.
Many courts consider imaging and producing personal devices to be unduly burdensome for individuals. That said, if an employer articulates a reasonable basis for believing that an employee used a particular device to violate a non-compete agreement, a court might order the individual to turn over his personal device. Before a personal device is handed over, however, the parties’ attorneys can work together to craft protocols and rules to ensure that the individual’s personal records and data are protected.
To discuss a non-compete matter with an employment lawyer, contact an employment lawyer in your area. This article is presented by the non-compete attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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