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Subscribe by EmailInterviewers cautioned about possible trade secret disclosure by interviewees
OK interviewers — think you have learned all the questions and topics to avoid so your company stays out of legal hot water?
Here’s one you may not have thought about: trade secrets and other confidential information interviewees are prohibited from disclosing.
The topic is discussed in Workforce Management magazine, in the article:
“But It Was Just an Interview!” (by Christopher Kondon)
Describes case in which “Intel accused Broadcom of conducting job interviews of Intel employees to get confidential information,” and says: “That allegation changed the trade secret litigation landscape.”
Nice basic discussion of trade secret definition and of risk of improper disclosure during interview, as well as some suggestions on reducing this risk.
Unfortunately, the interview is just the beginning of the problem in this area. Once the employee has been hired, the possibility of trade secret disclosure may be omnipresent (depending on extent to which new job’s duties overlap with old job’s duties). And there is even the possibility that the “inevitable disclosure” doctrine might be applied to preclude the new employment, even absent an enforceable noncompete.
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This is a potentially important consideration that all interviewers should consider, particularly in light of the recent trends in behaviorally-based interviews, where there is a heavy emphasis on describing the details of past projects. Interviewer training programs should also consider incorporating this advice.
If you are going to interview anyone for a professional or managerial position, this advice should be carefully considered.
Nice catch, George!