If you join Veeva, it is your responsibility to return all the data to your former employer and never disclose confidential information. If you do, Veeva will ensure that your former employer asserts a right, ensures your full legal representation and helps make the process as simple as possible. In the unlikely event that a non-compete clause delays or limits your work at Veeva, you will retain your position and your remuneration will be maintained without change. The exit of staff is a critical time to remind employees of their non-competitive obligations and for the company to reconsider all specific provisions in the context of competition that require awareness or action on the part of the company. A correct exit interview is essential and may show that the outgoing employee is going to a competitor`s house or that the employee has expressly refused to go to a competitor`s house, only to later find that the refusal was dishonest. If the employee is initially told that he or she is going to a competitor, it can also lead to “recovery measures” or “forfeiture” under agreements. Smythe v. Raycom Media, Inc., Case 1-13-CV-12 (CEJ) (E.D. Mo., August 15, 2013) (because the former employer`s board of directors had a discretion to determine the former employee`s suitability for inventory plans, the Board`s decision to exercise the cashed-up actions can only be reversed if the Board of Directors acted fraudulently or blingyly); See also Lenel Systems Int`l., Inc.
v. Smith, 106 A.D.3d 1536, 966 N.Y.S.2d 618 (N.Y. App). Div. 2013) (where employees voluntarily resign and join the competitor in enforcing the company`s decision to expire the employee`s unsurred stock options, because the employee had a choice between complying with a non-compete clause or maintaining stock options). The intensive nature of intellectual property and the predominant use of stock options/subsidies in the pharmaceutical industry make it essential to adopt good practices that are not competitive for employees. This also calls for the careful drafting of the forfeiture or clawback provisions under a non-compete clause, since the law on these provisions can vary considerably from state to state. Russomano spoke to Novo Nordisk in January 2016 and signed a non-compete agreement as a precondition for its commitment. Russomano was fired in November of the same year, but was reinstated in December 2016 and signed a new non-competition agreement.