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Biting Quote by John Brooks

“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

Source Article: Business Law Review, 1975

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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