Employer Need Not Ask Questions When a New Hire Brings His Customer List With Him, New Jersey Supreme Court Holds

In Millman v. Polymer Packing, Inc., 2012 N.J. LEXIS 677 (N.J. June 20, 2012), the New Jersey Supreme Court addressed the scenario of an employer that hires an employee who brings with him a confidential customer list from his former employer. Even though the hiring employer received the confidential customer list, the court rejected a claim against that employer because, unlike the sticky-fingered new hire who knew the list was a trade secret, there was no evidence the employer had reason to think it was anything other than the employee’s personal list. The New Jersey Supreme Court further concluded that the hiring employer has no affirmative duty to undertake an inquiry as to the source of such the customer list.