South-Western - Management  
Intellectual Property Theft: Lessons from Coca-Cola
Topic Employee Rights and Discipline
Key Words Trade secrets, intellectual property
News Story

In today’s high-tech world, employee theft of trade secrets is becoming easier and more common. Recently, three people, including a Coca-Cola employee, were charged with attempting to steal the company’s formulas, including a new drink, and selling the information to Pepsico for $1.5 million. In this case, Pepsico was the whistleblower and the perpetrators were caught.

Employee theft can cost companies anywhere from $200 million to more than $1.2 trillion annually. And, according to the U.S. Chamber of Commerce, twenty percent of businesses fail every year because of internal theft and fraud.

Employee screening can help companies prevent the damage that internal theft can bring. Profiles International of Waco, Texas plans to release a tool they call the Employee Engagement Assessment. This assessment measures employee attributes in six categories. The instrument can also be used to analyze a company’s culture and define it as relationship-based, innovation-based, process-based, or transaction-based.

Employee attitude and theft are closely correlated, according to Jim Sirbasku, CEO of Profiles International. The less engaged a person is, the more likely that person is to take something. The most important decision to protect against theft and fraud may be the hiring decision. Companies need to spend the time and money to hire the right people at all levels of the company. Investing in background checks can also help to highlight any potential problems before a person who is prone to deceit becomes a part of the team.

Questions
1.

Define intellectual property.

2.

What rights does an employer have when it comes to trade secrets? What is covered under federal law?

3.

Some companies use formal employment contracts to protect themselves from high-level loss. List at least three typical provisions that a company would include in an employment contract and define the provisions.

Source “Intellectual Property Theft: Lessons from Coca-Cola,” Workforce Management, August, 2006, pNA.
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