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Usually it is not until there is evidence that the…

“Usually it is not until there is evidence that the employee [who has changed jobs] has not lived up to his contract, expressed or implied, to maintain secrecy, that the former employer can take action. In the law of torts there is the maxim: Every dog has one free bite. A dog cannot be presumed to…” quote by John Brooks
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““Usually it is not until there is evidence that the employee [who has changed jobs] has not lived up to his contract, expressed or implied, to maintain secrecy, that the former employer can take action. In the law of torts there is the maxim: Every dog has one free bite. A dog cannot be presumed to be vicious until he has proved that he is by biting someone. As with a dog, the former employer may have to wait for a former employee to commit some overt act before he can act.””

John Brooks

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Employers must wait for clear evidence of wrongdoing before they can legally act against a former employee, similar to the legal principle that a dog is not presumed vicious without a bite.

In simple terms: Employers need proof before suing a former worker.

Key Takeaway

Gather evidence before taking legal action.

Themes

law employment evidence legal principles

Mood

cautious analytical

Type

advisory legalistic

When to use this quote

  • HR investigations
  • contract negotiations
  • litigation strategy
  • risk management

Key Concepts

tort law burden of proof contractual obligations

Questions to Reflect On

  • What evidence would justify immediate action?
  • How can companies better protect secrets without overreaching?
A Different Perspective

If evidence is subtle, employers may be unable to protect trade secrets timely.

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