Employee Legal Rights
Out of context: Reply #3
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1. Make sure that the work is not owned by the ex company. It would seem to be pretty odd to sign ALL of the work over.
2. Confidentiality agreements are very gray areas. Generally, here in the US, a company cannot stop an ex-employee from doing their work.
BUT stopping them from poaching the firm's clients, I don't know, I've heard both sides from reliable sources.So, for example, if he's a web designer, they can't say that he can't be a web designer after he leaves the firm. This has to do with his "right to make a living".
He is poaching the clients, for sure, but that's business. You can have a NON COMPETE agreement, that is a different and often times written into the NDA (I have mine written that way and for 3 years).
Imho, the firm is just going to have to suck it up. If he took INTELLECTUAL PROPERTY, that's again entirely different and something they could enforce (if it was in the original contract).
But if it has been 3 years, the firm has little to stand on.Lawyer - contact a lawyer, everyone here is just rambling personal experiences (mine are real, though, and I paid a nice sum to have my Non-compete/NDA written and successful stopped some amazingly high dollar things from happening - it was rock solid and worth every penny I paid for it).
Generally, though, this happens all the time and not much a company can do about it.