Employee exit interviews are a useful tool for protecting businesses trade secrets.\u00a0 Many businesses use exit interviews for a different purpose \u2013 eliciting candid answers from a former insider about what the business is doing right and wrong.\u00a0 It is also a time to talk to the employee about trade secrets that may be at risk due to the employee\u2019s departure.<\/p>\n
Trade secrets may be at risk in two different ways.\u00a0 The first risk is knowledge loss.\u00a0 The second risk is inadvertent or intentional disclosure of trade secrets to a competitor.<\/p>\n
Knowledge Loss<\/u><\/p>\n
To address the risk of knowledge loss, ask the departing employee questions such as this:<\/p>\n
Capture that knowledge before the employee leaves.<\/p>\n
Risk of Disclosure<\/u><\/p>\n
Here are a few suggestions regarding how to prepare for and conduct the exit interview to address the risk of disclosure to a competitor.<\/p>\n
Start before the meeting by speaking to the departing employee\u2019s supervisor.\u00a0 Learn which trade secrets the employee had access to, where those trade secrets are stored, and whether the supervisor believes there is a risk the employee could disclose the trade secrets to a competitor.\u00a0 Use that information to plan the questions that you will ask during the exit interview.<\/p>\n
Examples of useful questions are:<\/p>\n
The exit interview is also a good opportunity to remind the departing employee about the employee\u2019s obligations under confidentiality agreements, non-competition agreements or other restrictive covenants.\u00a0 Bring copies of any the agreements and related company policies to the meeting.\u00a0 Provide the departing employee with a copy of those records and obtain the employee\u2019s written confirmation that the employee understands the restrictions will still be in place after the last day of employment.<\/p>\n