W/o signing confidentiality agreement, how do I get paid?

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Latest post 11-06-2009 8:36 PM by LynnM. 6 replies.
  • 11-06-2009 3:08 PM

    • pepsei
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    W/o signing confidentiality agreement, how do I get paid?

    I have been working for them for less than two weeks and I understand why they want it signed.However I have not been given access to anything like their financial information or customer lists or anything significant.

    I feel that if I talk about their business to someone else or discuss how they are able to succeed because they do certain things well, this would give them the right to sue me. What if this was just a casual conversation? What if I tell one person and they go out and try to copy their business idea or model, I feel I'll still be the one getting sued. 


    Their staffing agency says I must sign or I cannot get paid. Is there any way around this?

  • 11-06-2009 3:23 PM In reply to

    Re: W/o signing confidentiality agreement, how do I get paid...

    "Is there any way around this?"

    That isn't entirely accurate.  If you don't sign they are going to terminate you and you will be paid your wages for hours worked.  You have to be paid for all work actually done but they can terminate you for refusing to sign it. 

    Confidentiality agreements aren't meant to cover casual conversations.  They are to cover you stealing proprietary corporate information and using it like client lists, trade information, and patented information like the Coke recipe or KFC "secret herbs and spices" kind of thing.  If you don't discuss your work with family and friends carelessly then signing it isn't a problem.

    Health care workers face this all the time with signing their HIPAA nondisclosure and confidentiality statements on employment all the time.  If we don't talk wrecklessly we don't have an issue.

  • 11-06-2009 3:45 PM In reply to

    • pepsei
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    Re: W/o signing confidentiality agreement, how do I get paid

     Thank you.  What if I myself decide to one day compete against them with a similar product, idea, business model, etc and I never sign the agreement?  Basically I cannot be sued correct?

  • 11-06-2009 3:49 PM In reply to

    Re: W/o signing confidentiality agreement, how do I get paid...

    You sign or you get fired. You will get paid for the work you have already done.

    You are GROSSLY overreacting to the confidentiality agreement. You would not be sued for a casual conversation unless you were talking about trade secrets.

  • 11-06-2009 3:50 PM In reply to

    Re: W/o signing confidentiality agreement, how do I get paid

    "What if I myself decide to one day compete against them with a similar product, idea, business model, etc and I never sign the agreement?  Basically I cannot be sued correct?"

    No.  Signing the confidentiality agreement doesn't mean that you can't be sued.  Neither does NOT signing it.  ANYONE can be sued at anytime regardless of the paperwork involved.  All an attorney has to do is seek to have the agreement set aside as non-enforceable.  Before you decide to set up a similar business you would be wise to consult a business attorney to make sure you product, ideas, business model etc. is not so similar that you do land in court.  The money spent defending a suit even if baseless could bankrupt you.

  • 11-06-2009 4:16 PM In reply to

    • pepsei
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    Re: W/o signing confidentiality agreement, how do I get paid

      That makes sense.  I don't understand how competition springs up so easily in the US when that's the case.  There would be no violation of trademarks, patents, no use of their client list, etc.

      Basically, the situation would be like someone who works as a carpenter/woodworker for a local shop and one day decides to start his own shop.  His business model will unavoidably be the same to that of his former employer's as well as many other shops who are in the same industry simply because of the work and logistics required in that industry.

      Anyway I know this merely a free online resource and I know that I need to speak to the right attorney to get solid answers.  I do appreciate your advice and input though.

  • 11-06-2009 8:36 PM In reply to

    Re: W/o signing confidentiality agreement, how do I get paid

    Clydesmom has overstated the law. Confidentality agreements only protect confidential information, often referred to as trade secrets. It would prevent you from taking their client list and using that to start your own business. It would not prevent you from starting a similar buesiness and selling to people who did not to busimess with your former employer.

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