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 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.””
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.
Gather evidence before taking legal action.
Themes
Mood
Type
When to use this quote
- HR investigations
- contract negotiations
- litigation strategy
- risk management
Key Concepts
Questions to Reflect On
- What evidence would justify immediate action?
- How can companies better protect secrets without overreaching?
If evidence is subtle, employers may be unable to protect trade secrets timely.