Exiting Employee

This is a checklist for employees leaving an employer. We are sending it to employers to remind them of the issues implicated with exiting employees. Gently covering applicable items with leaving employees minimizes potential litigation.

• Do not take any documents, files, computer files, electronic information, or other employer materials when you leave. Some material may not ultimately be treated as confidential, but do not take chances.

• Check your home for employer materials and return them to the employer when you leave.

• Check all personal and home computers for employer materials and delete them.

• Check cell phones and other electronic devices for information on employer customers and delete it.

• Take only your personal items from your place of work.

• After you leave, create a new list of potential customers and others you will want to contact in your business from publicly available sources. Collect and keep copies of these source materials showing that you obtained the information from publicly available sources and not from materials of the employer.

• Do not take or duplicate your contact lists.

• Do not use business contacts like customer meetings while working for your employer to discuss your new work or lay the groundwork for your new job with customers or others.

• Do not use any working time for your employer to prepare for your new job.

• Do not contact colleagues about coming to work with you while you are still working for the employer.

• Do not contact colleagues at the employer at work to discuss your future business plans or to recruit them even after you leave.

• Do not set up meetings or other contacts with colleagues or customers while you are on the employer’s premises or at work for the employer.

• Convey all business opportunities received while working for the employer to the employer.

• Do not inform your new employer of any business opportunities while your old employer employs you.

• Do not reveal any of your employer’s confidential information.

• Consider a memo to your employer spelling out the status of all of your work and of any business opportunities you are aware of.

• Do not use your employer’s computer system, telephones, offices, or other facilities to communicate with your new employer.

• Do not send emails or other communications from your home computer, office computer, or otherwise that even appear to involve improper activities.

• Avoid significant deletions of computer information and other destruction of data and information before your leave. It will look like an improper destruction of information to harm your employer.

• Do not delete business information that would be of value to your old employer.

• Make sure that your employer’s files are returned to their proper places.

• Return all credit cards, computers, and other company property.

• Do not disparage your old employer.

• Do not send old employer information to your personal or home computer.

• Review your records and see if you have entered into any restrictive agreements. If so, be sure to understand their affect on what you can do.