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I have a question about Non-disclosure and Non-compete agreements
I am trying to determine if I signed a Non-compete agreement with my
company when I joined them a few years ago.
I found the offer letter they gave me then and it says that I
should sign the attached Non-disclosure agreement (which I I did).
I am trying to determine if the document that I signed could have
had clauses about non-compete too. (even though the offer letter
says it is Non-disclosure agreement)
Unfortunately I do not have the document I signed back then.
I am just trying to determine if I am in a Non-compete agreement
on top of a Non-disclosure.
(of course I can ask the HR, but that would raise a lot of suspicion
:-))
thanks
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erie2005@gmail.com wrote:
I am trying to determine if the document that I signed could
have had clauses about non-compete too. (even though the offer
letter says it is Non-disclosure agreement)
Unfortunately I do not have the document I signed back then.
I am just trying to determine if I am in a Non-compete agreement
on top of a Non-disclosure.
It certainly could. But in many states non-compete agreements are,
to some extent, invalid. So even if there is a non-compete
agreement, it may not be enforceable. But you'd have to know exactly
what it says in any case.
But if there is no non-compete, you are not necessarily safe. If you
try to compete against your current employer, they may claim that you
have violated the non-disclosure agreement by using their
confidential client list.
Stu
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On Mon, 11 Apr 2005 21:34:56 -0400, erie2005@gmail.com wrote:
I am trying to determine if I signed a Non-compete agreement with my
company when I joined them a few years ago...
Sorry, but I don't see how anyone here can help. If you didn't keep a
copy of the agreement you signed (nudge, nudge), the only way you can
find out what is in it is to ask someone who has got it.
My email address is llm040903 at earthlink dot net.
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In article <999m5110derg5e2ri85cmsl4fdicff3661@4ax.com>,
erie2005@gmail.com wrote:
I am trying to determine if I signed a Non-compete agreement with my
company when I joined them a few years ago.
I found the offer letter they gave me then and it says that I
should sign the attached Non-disclosure agreement (which I I did).
(of course I can ask the HR, but that would raise a lot of suspicion
An employee has the right to review their HR file at any time.
Simply ask to see your file. Don't say why. Just ask to see
it, look at it, and then give it back. If you really need to
say something, make up a cover story. Say that your ex-wife
is sending Nazi hate mail to people that you know, and you
want to see if any letters were sent to your place of work.
-john-
--
======================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
======================================================================
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"" wrote in misc.legal.moderated:
Unfortunately I do not have the document I signed back then.
I am just trying to determine if I am in a Non-compete agreement
on top of a Non-disclosure.
(of course I can ask the HR, but that would raise a lot of suspicion
:-))
So let me see if I understand. You want us to tell you what is in a
document we've never seen, that you don't have a copy of. Sorry,
but our crystal ball is in the shop.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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"John A. Weeks III" wrote in misc.legal.moderated:
An employee has the right to review their HR file at any time.
Under which State or Federal laws is that the case?
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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<erie2005@gmail.com> wrote:
I have a question about Non-disclosure and Non-compete agreements
I am trying to determine if I signed a Non-compete agreement with my
company when I joined them a few years ago.
I found the offer letter they gave me then and it says that I
should sign the attached Non-disclosure agreement (which I I did).
I am trying to determine if the document that I signed could have
had clauses about non-compete too. (even though the offer letter
says it is Non-disclosure agreement)
Unfortunately I do not have the document I signed back then.
I am just trying to determine if I am in a Non-compete agreement
on top of a Non-disclosure.
(of course I can ask the HR, but that would raise a lot of suspicion
:-))
My money says you signed a non-competition agreement that has
non-disclosure clauses. If that isn't true, your employer needs
a new attorney.
You simply ask HR for a copy saying that you just realized they
never gave you a copy.
The general rule is that your employer cannot prevent you from
becoming an employee of an industry competitor unless you were
privy to trade secrets. "Trade secrets" is a very high standard
as it generally requires you to be in an executive position.
Information known to most employees is not a "trade secret".
Under non-competition, you are not allowed to compete with your
employer with those customers of your employer with whom you
have had a recent working relationship. And that should be upheld
in most courts of law if you or a partner of yours approaches
the customer for your services.
I never was a lawyer, but I have had lawyers read non-competition
agreements for me.
Dick
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