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 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
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.
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.