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PLEASE HELP: Non disclosure agreement



"Cirene"
7/6/2004 11:04:27 AM


PLEASE HELP...
Today was my last day at my company. A few weeks ago I asked to get a copy
of my NDA before I left.
I got it today. The LAST page was indeed signed/dated, but the previous 5
pages WERE NOT. I think that my boss altered/modified/added to it to make
it more strict.
Question: Does the fact that I signed the LAST PAGE mean that I am legally
bound by the ENTIRE document? If so, couldn't he of added ANYTHING he'd
want to and append it to the front of my signature page????
I live in Florida.
Thanks!
 
 
"Paul Cassel"
7/10/2004 3:38:56 PM


Cirene wrote:
Today was my last day at my company. A few weeks ago I asked to get
a copy of my NDA before I left.
I got it today. The LAST page was indeed signed/dated, but the
previous 5 pages WERE NOT. I think that my boss
altered/modified/added to it to make it more strict.
Question: Does the fact that I signed the LAST PAGE mean that I am
legally bound by the ENTIRE document? If so, couldn't he of added
ANYTHING he'd want to and append it to the front of my signature
page????
I live in Florida.
I'm going to supppose that you didn't retain a copy upon signing. The first
thing I will say is what you now already know - you've learned legal lesson
lesson number one - you always retain a complete copy of anything you sign.
Now that you're where you are, you are in the Wonderland (as in Alice) of He
Said She Said even if you are both He's or She's. Your boss will say it's
the original and you will say no and by gosh, it very well may be because
memories aren't all that good. You really may be wrong here even though you
think you are right. There is a good reason to retain that copy simply
because people, even people operating under good faith, will make errors.
Here we have divergent interests which imply potential bad faith so there is
reason to make self interested error.
I suppose if you want to make a fuss and it's worth a lot, you can sue your
boss and the company to enforce the NDA to what you think it should be based
on your memory, but unless you have some evidence or you can get some
corroboration (such as another employee to back your story that you are
right) how are you going to demonstrate that your memory is correct? The
only thing I can think of based on your story as told is if the NDA is so
outlandish as presented now that no reasonable person would have signed it,
then you may have a case, but you don't give details implying this.
As far as I know, there is no applicable State law, but I'm not familiar
with FL statutes. Unless you can supply some more details about what changes
are there now, I think you are stuck.
-paul
ianal
 
 
sethb@panix.com (Seth Breidbart)
7/12/2004 6:24:48 PM


In article <fkfle059neo06vvio3nog5aohh7iun49kq@4ax.com>,
Cirene <dont@email.me> wrote:
Today was my last day at my company. A few weeks ago I asked to get a copy
of my NDA before I left.
I got it today. The LAST page was indeed signed/dated, but the previous 5
pages WERE NOT. I think that my boss altered/modified/added to it to make
it more strict.
How is it more strict? If it's only a non-disclosure, what do you
want to disclose that you think you could under some other version
that you can't under this version? (Obviously, not the detail, just
the general type of information.)
If there's also non-compete involved, that's different.
Seth
 
 
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