Fiduciary employees – Can you poach?

Certain key employees with important knowledge have limits on what they can do after resigning

Resigning from a job does not completely sever an employee’s responsibilities towards her former employer. There can be remaining requirements that past employees need to respect, such as not disclosing any confidential information gained while working for that employer. Further, there is a type of employee that has even more limitations on its actions after resigning — a fiduciary employee. In the recent Ontario Superior Court of Justice decision Cosolo v. Geo. A. Kelson Limited, the court outlined the responsibilities of a departing fiduciary employee when there isn’t a written employment agreement involved.

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