DIY Legal Forms

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Letter to Employer Covered by Trade Secrets Agreement

[company letterhead]

[date]

Dear [officer of employing competitor]:

It has been brought to my attention that [former employee] is no longer employed in the [division of company] and has accepted a position with your organization in a [description] capacity.

We wish to apprise you of certain continuing obligations to [name of company] that remain with [former employee], even though [former employee] is no longer with our organization.

On [date], [former employee] signed our standard invention and trade secrets agreement that requires our employees to disclose to Company any inventions, improvements, and discoveries that are within its scope of business and that were made while Employee was in its employ and for a period thereafter. Additionally, part of Employee's continuing duty is to assist Company in obtaining patent protection for such inventions, improvements, and discoveries.

[Former employee] is also under a continuing obligation not to disclose secret or confidential information, knowledge, or data concerning Company's products, processes, formulas, apparatus, or trade secrets. Included in this restricted subject matter is secret or confidential information relating to the [type of material, e.g., chemical products] that [former employee] sold [or, processed, examined, managed (whichever is applicable)] for [name of company], as well as:

a. Customer lists, call lists, and other confidential customer data

b. Memoranda, notes, records, and other confidential technical data

c. Sketches, plans, drawings, and other confidential research and development data

that [former employee] may have obtained, developed, or become aware of during [former employee's] employment with Company.

It is not our intention to prevent [former employee] from applying the general knowledge and skill acquired while employed by Company that, of course, may be freely exercised. Protection of Company's secret and confidential information is our primary concern. As a manager of a business organization also possessing confidential data and trade secrets, I am certain you understand our position. Your cooperation will be greatly appreciated.

I am also sending a copy of this letter to [former employee].

Sincerely,

[signature]

Divisional Manager

cc: [former employee]