Alex worked for years for MegaCorp During his employment with MegaCorp, he learned a great deal of confidential information and knew that if this information got into the hands of competitors or the general public, MegaCorp could suffer great business
losses. Alex claims that he was wrongfully fired by MegaCorp and accordingly he believes he has no obligation to MegaCorp to keep any information he acquired with them as confidential. MegaCorp claims that Alex is under a continuing duty to keep confidential information secret, even though he is no longer with the company. Who is right? Why?
MegaCorp. Regardless of why Alex no longer works for MegaCorp, he is under a continuing duty not to use or disclose the company's confidential information after he leaves the company. A company's trade secrets and other confidential information may not be used by any person without the express authority of the owner of such property rights. Alex had a fiduciary duty of loyalty to his employer when he worked for it and such duty does not terminate relative to trade secrets or confidential information after he is no longer employed by that company.
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