Go to navigation Go to content
Toll-Free: (888) 497-3410
Phone: 516.791.5700
Law Offices of Jonathan M. Cooper

Q:
Can an employer use data taken from a smartphone as evidence of a violation of a New York non-compete agreement?

A:

It is possible that an employer could take data from a company-issued smartphone and use it as evidence of a breach of a New York non-compete agreement. However, the data must be obtained carefully for it to be admissible in court. For these reasons, if you are an employer suspecting a breach of non-compete or an employee who recently began working for a competitor of a former employer, you need the guidance of a New York non-compete attorney to protect your legal rights.

In today’s society, smartphones are widely used for both business and personal use. Recently, a Texas private investigations and computer forensics firm announced the release of a case study about smartphone deleted data recovery. Its results are especially important to employers and employees subject to non-competes. The study found that in many cases involving breaches of non-compete agreements, the former employees used company smartphones to communicate with their co-conspirators. Even if the data is deleted, an experienced computer forensics expert can recover it. However, the company must use a third-party licensed computer forensics examiner to extract the data for it to be admissible in court.

If you suspect that a breach has occurred or that you may have left incriminating information on a former employer’s smartphone, it is vital that you contact an experienced New York non-compete agreement attorney today to protect your rights. For more information, call our office at (888) 497-3410. We are happy to offer a free consultation to our potential clients.