What to do next
Preserve the digital evidence now
Email, file access and download logs, device images, CRM export records. Suspend routine deletion immediately. This evidence disappears within days and cannot be recreated.
Identify the right cause of action
Breach of confidence over customer lists and pricing, breach of fiduciary duty for senior people, and inducing breach of contract against a new employer are usually stronger than a non-compete. Non-solicits are more enforceable than non-competes.
Consider urgent injunctive relief
An injunction to stop use of confidential information or restrain solicitation can be sought quickly, but requires clean evidence and prompt action. Delay itself undermines the application.
Tighten the exposure going forward
Written confidentiality terms, IP assignment, reasonable non-solicits, and access controls limiting who can export client data. Most of these disputes are made possible by the absence of basic controls.
Frequently asked questions
Is my non-compete enforceable?
It varies significantly by jurisdiction, and some now restrict non-competes heavily. Non-solicitation and confidentiality obligations are generally far more enforceable.
Can I stop them immediately?
An injunction is possible with strong evidence and prompt action. Waiting weeks materially reduces the chance of getting one.
Are customer lists confidential?
Often yes, where treated as confidential and not publicly available. How you actually protected the information matters to whether a court will.
Can I sue their new employer?
Potentially, for inducing breach of contract or knowing receipt of confidential information — which also tends to concentrate minds quickly.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.