Non Disclosure Form
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- studderine
My company is making me sign a non disclosure form that states, "I agree that during my relationship and a for a period of a one yar thereafter...I shall not engage in any present or contemplated business activity that is or may be competitive with the Company in any state where the Company conducts business, unless I can prove that any action in contravention of this subsection was done without the use in any way of Confidential Information". If quit and land a new job, would I have to prove that my new employer is not in direct competition with my former(current as of now)?
- version30
you can not use knowledge gained from your old employers at your new employers
reaching target markets proprietary software etc
but you can go be a photoshop monkey for someone who is competing with them as the work just needs done and is not "inside information"
- Jaline0
I don't think it's valid after you quit?
- Jaline0
Is says:
"during my relationship and a for a period of a one yar thereafter"
so just don't say anything secretive to your new employees for one year when and if you quit your current job.
- flavorful0
Then do nothing but blab about the important secrets you have for your new compnay and do nothing for a year, and then when the year comes go ... oh shit I forget.
I guess I'm fired.
Thanks for the paycheck chumps!
- Mimio0
Completely unenforceable
- tkmeister0
what type of company you work for?
i had to sign that for a couple of companies.
- blastofv0
these are typically to ensure that you don't lift clients from your current company when you go elsewhere after you leave... by signing it, you basically give up any legal right to solicit or take on work from someone that your current company works for
there's not much in the way of intellectual property in design agencies, but it covers those issues as well
you probably don't have any choice but to sign it, but it's good to know what the practical details are
- McEnroe0
Yeah, if they want to be dicks about it they can hold you to that contract.
It almost happened to me, and it did happen to my co-worker.
It was kind of like an egg in the face. He put in his two weeks after another company offered him a job, and the place said, umm you can't work for them.
So with no other option he had to put his tail between his legs and go back to the place he basically just told to eff off..
- blastofv0
they told him he specifically couldn't work for another company? was that other company specifically in the non-compete?
that's lame
- studderine0
So basically if I quit then I should be ok you think? The company I work is a SEO company. The new employer I will be working for is e-commerce..with SEO..so yea..? Maybe just lie I say I got a job as server or bartender instead..?
- McEnroe0
yeah, I don't know how they would enforce this though. Would they go to that company and threaten legal action if they hired you, would they threaten you.
I am kind of trying to get back into one company and it hasn't been a year since I signed that form.
It would be hard to do it secretly too bcs they are in the same building... hmmm
- studderine0
Although, I do not think they are in direct competition.
- Mimio0
Sorry, it's just bullshit, no one can prevent you from entering into an independant contract with another party, or company in this case. Especially when it's a condition of employment.
- harlequino0
studd-
With creative work, it's a very grey area. Most likely, you will have no problem. It is mainly so you can't poach clients, are reveal very proprietary info.
The only times where it gets sticky is if you were working on a very specific type of media (say...coffee cup packaging), and went to work for a competitor on the EXACT type of media.
But overall, I would not worry to much about it. Signing a non-compete/disclosure is very standard everywhere.
- Mimio0
If Microsoft can't enjoin their former-employees from taking employement at Google you should be ok.