Consider (even before you take him/her on) whether he/she is going to be a mere employee (owing a duty of fidelity) or a director or senior employee (owing a fiduciary duty, a more onerous duty on him/her).
Draft / impose / seek to agree non-compete, non-solicitation, and non-dealing clauses in his contract of employment as well as clear intellectual property right provisions in the contract.
List out what you regard as 'confidential information'; include provisions about it and make sure that the overall policy in relation to such information is coherent and enforced generally.
Police the use of confidential information and computers.
Conduct exit interview, whilst he/she is an employee. If he/she lies to you, this can assist in later proceedings.
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195
http://www.kentsolicitor.co.uk/Labels: rival busness employee
# posted by michael @ 10:23