Tip 1: Protect Your Trade Secrets
What is a Trade Secret?
A trade secret is a process or technology (the gears and inner workings of your business) that a business uses to derive economic benefit that is not know or easily discovered by others who could use it for economic benefit that are kept secret by reasonable efforts.
Requirement to Maintain Its Secrecy
Reasonable efforts must be taken to maintain the secrecy of the trade secret in order to enforce or make an argument that a certain business practice is a trade secret and proprietary.
What Is Misappropriation?
Misappropriation of a trade secret is when someone who has information of a trade secret knowing its a trade secret or should be confidential uses it to derive economic value.
Source of Inspiration
CDC Restoration & Construction v. Tradesmen Contractors, 2016 UT App 43 (A case over whether a job quote is a trade secret; the answer: it could be).
Tip 2: In an Employment Dispute, Prepare Evidence Assuming Your Employee May Lie
Why Should I assume this?
It is surprising and disheartening to see how many Labor Commission cases and decisions find fraud or dishonesty on the part of the employee in unemployment or worker's compensation/disability applications and disputes.
Why Do I Need to Prepare Evidence in Advance?
When you are preparing for a Labor Commission hearing if you do not have or present evidence at that hearing you most likely won't be given the chance to do it later. You would hope that people would be honest under oath, but money makes people to stupid things. To contradict lies, you need evidence to the contrary, which can consist of employee files, surveillance video or audio for your place of work, or other documented proof of their dishonesty.
How Do I Know What an Employee Might Lie About?
This is not always easy to foresee, but with the help of an experience employment attorney, they can help you understand the issues and areas where employees have been dishonest in the past.
Source of Inspiration
Ernest Health v. Labor Commission, 2016 UT App 48 (A case where the court denied to allow the employer to reopen the hearing to present surveillance video evidence to controvert alleged dishonesty of an employee applying for disability and worker's compensation insurance proceeds from an industrial accident that occurred during the scope of the employee's employement).