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Employment Law

Duties of Loyalty to Employer

We will now turn to the duties that employees have to employers--during and sometimes even after the employment relationship ends. Some of these duties shape how, when, and why employees change jobs. We will consider the fiduciary duties some employees have during the employment relationship, the application of non-compete agreements (these are unenforceable in some states, like California), and trade secret misappropriation. We will also evaluate the policy interests on either side of enforcing these duties--including a desire to facilitate innovation and economic mobility.