1. Breach of Confidentiality New York | Background of the Allegation
When the client left her prior workplace, the former employer claimed she improperly used confidential customer lists to attract regular clients to her new job.
In New York, a breach of confidentiality claim requires proof that the information was truly confidential, economically valuable, and actually used or disclosed standards that often cannot be met without concrete evidence.
Origin of the Dispute and Client’s Move to a New Workplace
The client had worked for more than three years at a massage establishment in downtown New York, building strong rapport and natural customer loyalty.
After ongoing workplace mistreatment, she resigned voluntarily and later accepted a position at a competing business.
Some long term customers learned of her departure on their own and reached out to her through personal messaging, leading to natural inquiries and unrelated refund requests.
The former employer misunderstood these events as intentional solicitation and alleged that she had disclosed confidential business information.
This misunderstanding escalated into a formal complaint alleging breach of confidentiality.
Sequence of Events That Led to the Accusation
ㆍUnstable working conditions and repeated workplace mistreatment
ㆍVoluntary resignation and transition to a different establishment
ㆍLong term customers independently messaging the client
ㆍCustomers requesting refunds, which the employer misunderstood as being coordinated
ㆍAdditional suspicion that business information had been transferred
ㆍFiling of a breach of confidentiality complaint
ㆍClient seeking New York attorney support
2. Breach of Confidentiality New York | Legal Review and Applicable Standards
New York law does not automatically treat customer relationships as proprietary unless specific safeguards, agreements, and confidentiality measures are in place.
The defense examined whether the employer’s claim satisfied the legal elements required to prove any breach of confidentiality or misuse of business information.
Legal Elements the Former Employer Needed to Prove
To establish a breach of confidentiality or improper use of business information in New York, the accusing party must show:
1. Information Was Not Publicly Known
ㆍIt must not be readily available to the general public
ㆍIt must not be obtainable without the employer’s internal access
ㆍAny information widely known to staff or customers does not qualify as confidential
2. Independent Economic Value
ㆍThe information must provide a competitive advantage
ㆍIt must require substantial time, effort, or expense to develop
ㆍCustomer relationships formed through personal skill may not constitute proprietary lists
3. Reasonable Measures to Maintain Secrecy
ㆍExistence of written confidentiality policies
ㆍAccess restrictions or password protections
ㆍEvidence of enforcement or ongoing confidentiality management
4. Evidence of Actual Misuse or Disclosure
ㆍIntentional access for competitive use
ㆍTransmission, copying, exporting, or sharing client lists
ㆍUse of information for commercial gain
Without these components, a breach of confidentiality claim generally cannot succeed.
3. Breach of Confidentiality New York | Defense Strategy and Evidence Review
The defense carefully analyzed the client’s communications, digital activity, employment records, and customer interactions to demonstrate that no confidential information was disclosed or used.
This structured approach highlighted the absence of intent, absence of misuse, and the purely voluntary actions of customers.
Core Defense Arguments Presented to Investigators
1. No Intent to Solicit or Misuse Client Information
The attorney submitted:
ㆍFull screenshots of message histories
ㆍComplete call logs
ㆍProof showing the client did not initiate any customer contact
These materials established that customers reached out on their own and that no client list had been consulted or accessed.
2. No Digital Evidence of Confidential Information Use
A forensic review of the client’s phone and laptop showed:
ㆍNo stored customer lists
ㆍNo forwarding or exporting of client data
ㆍNo access attempts to the former employer’s system
This confirmed that no breach of confidentiality had occurred.
3. Customers’ Actions Were Voluntary
Customers independently requested refunds or inquired about her new workplace, demonstrating that:
ㆍTheir decisions were based on personal loyalty, not solicitation
ㆍThe client did not induce any business movement
ㆍCustomer migration was driven by individual preference, not confidential information use
4. Breach of Confidentiality New York | Final Outcome and Legal Conclusion
After reviewing all evidence, investigators concluded that there was no basis for prosecution because the required elements for breach of confidentiality were not met.
The former employer could not show that proprietary information was disclosed, accessed, or used for competitive advantage.
Non Prosecution Result and Additional Legal Support
The New York defense attorney successfully established:
ㆍNo confidential information transfer
ㆍNo willful intent or commercial exploitation
ㆍNo evidence supporting the employer’s allegations
As a result, the case was formally closed with a non prosecution outcome due to insufficient evidence.
The defense team also prepared to assist the client in the event of any civil follow up such as defamation or wrongful accusation, though no additional action was ultimately taken.
04 Dec, 2025
