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Conducting an Exit Interview with an Employee Subject to Noncompete

// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse

Keith Clouse, a Dallas, Texas employment lawyer who frequently advises employers about noncompete agreements, believes that an employer should consider conducting an exit interview with a departing employee who is subject to a noncompete agreement.

Conducting an exit interview accomplishes two purposes. First, the employer can review the noncompete agreement with the employee and remind him of his continuing obligations to the employer. This verbal reminder should be accompanied by a written letter and a copy of the noncompete agreement. An employer should also consider asking the departing employee to verify in writing that he has returned all company property and documents. This step could bolster the employer’s case if it is later determined that the departing employee took or used proprietary information.

Second, the employer can learn about the employee’s post-departure plans. Often a departing employee is vague about his plans and by “pursuing other opportunities,” he means that he intends to work for a competitor right away. An employer should ask the employee about his specific plans, but if the employee refuses to answer, the employer should not force the issue.

This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a noncompete matter, 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