Fiduciaries and Post-Employment Obligations

A fiduciary is typically someone who is a “key person” within the company, who by virtue for their position, has discretion or power, which may affect the Company’s business. Usually, but not always, a fiduciary is someone who occupies a senior management position, has access to sensitive proprietary information, or is the “face of the company” vis-à-vis customers.

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What are the Post-Employment Obligations of a Fiduciary?

If you are a fiduciary, you may be prohibited from unfairly competing with your former employer, or soliciting your former employer’s clients for a certain period of time following your departure. Even if you never signed a non-compete or non-solicitation agreement, you may still owe post-employment obligations to your former employer.

Are you concerned about post-employment obligations that may negatively impact your career or potential business plans? Get advice from a labour and employment lawyer. At JPAK Employment Lawyers, we advise and represent individuals in contentious post-employment disputes. If you have been issued a cease and desist letter or a statement of claim, contact us. We will advise you about your rights and the scope of your obligations, if any, and devise a strategy to minimize your legal exposure.

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