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Who should attend Protecting Your Company From Departing Employees
This one-day seminar is designed for human resource professionals, business and office managers, directors, presidents, vice presidents, CFOs, controllers, accountants and attorneys.
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Protecting Your Company From Departing Employees  

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This one-day seminar is designed for human resource professionals, business and office managers, directors, presidents, vice presidents, CFOs, controllers, accountants and attorneys.

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Seminar Summary:

This seminar will examine the various ways in which you can protect your company or your client's company from problems stemming from the departure of employees. (see full course description)

 
 

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Training Course Syllabus:


This seminar will examine the various ways in which you can protect your company or your client's company from problems stemming from the departure of employees. Departing employees are often a source of major problems, including theft of trade secrets, confidential information or employer property; improper competition with the former employer; improper solicitation of the former employer's customers and/or employees; breaches of fiduciary duty or duty of loyalty; and wage claims for allegedly unpaid 'wages.' There are many ways in which an employer can minimize the damage a departing employee can cause, ranging from drafting of appropriate policies to filing of lawsuits for injunctive relief. By the end of this seminar we hope you will have an understanding of the current state of the law in Colorado regarding these various problems and practical ways to prevent them.

Seminar highlights:

  • Preventative measures your company can take now
  • Tips on drafting enforceable agreements
  • How to conduct internal trade secret audits
  • Identifying potential claims against former employees
  • When and how to litigate

8:30 a.m. - 9:30 a.m.

I. Trade Secrets

A. Colorado Statute

B. What Is A Trade Secret

C. How Can You Help Protect Your Trade Secrets

D. The Current Law And Court Decisions

E. Is There Any Protection Under The Law For Information That Is Not A Trade Secret

9:30 a.m. - 10:30 a.m.

II. Covenants Not To Compete

A. Colorado Statute

B. The 4 Exceptions

C. The Current Law And Court Decisions

D. Drafting Enforceable Covenants Not To Compete

10:30 a.m. - 10:40 a.m.

Break

10:40 a.m. - 11:10 a.m.

III. Non-Solicitation

A. Employees

B. Customers

C. The Current Law And Court Decisions

D. Drafting Enforceable Non-Solicitation Agreements

11:10 a.m. - 11:40 a.m.

IV. Fiduciary Duty

A. What Is An Employee's Fiduciary Duty To Company

B. What Constitutes A Violation Of That Duty

C. The Current Law And Court Decisions

11:40 a.m. - 12:00 p.m.

V. Employee Raiding

A. What Is It?

B. Is It A Viable Claim?

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 2:00 p.m.

VI. Tortious Interference With Contract Or Prospective Business Relations

A. The Competitor's Privilege

B. How A Competitor Loses The Privilege

C. How To Recognize When Your Contracts Are Being Tortiously Interfered With

2:00 p.m. - 3:00 p.m.

VII. Colorado Wage Act Claims

A. How To Avoid Being Hit With Costly Wage Act Claims By Departing Employees

B. New Revisions To Co. Wage Act

C. What Do You Have To Pay A Departing Employee In Their Final Check

1. Vacation Pay?

2. Severance?

3. Unpaid Commissions?

4. Bonuses?

D. Drafting Agreements Concerning Payment Of Wages

3:00 p.m. - 3:30 p.m.

VIII. What To Do To Protect Yourself In Advance

A. Employee Handbook Provisions

1. Trade Secrets

2. Non-Compete Clauses

3. Non-Solicitation Clauses

4. Wage Related Clauses

B. Exit Interviews

3:30 p.m. - 3:40 p.m.

Break

3:40 p.m. - 4:10 p.m.

IX. What To Do If You Think A Departed Employee Is Doing Something Improper

A. Time May Be Of The Essence

B. Things You Can Do Yourself

1. Cease And Desist Letters

2. Gather Evidence Of Wrongdoing

C. Things You Can Have Your Lawyer Do

1. Temporary Restraining Orders/Preliminary Injunctions

4:10 p.m. - 4:30 p.m.

X. Release Agreements

A. How To Draft Enforceable Release Agreements

B. What Should Be Included

C. What Can't Be Included

Seminar Summary:

This seminar will examine the various ways in which you can protect your company or your client's company from problems stemming from the departure of employees. (see full course description)

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