Job confidentiality agreement, question for lawyer?

[Lazyman]

Ok I work for a douchebag, and his latest offensive douchebaggery includes making everyone sign a confidentiality agreement. Not a big deal, but there are a couple items on it that stand out and make me pause.

First is, it says that:

As a condition of my employment with XXXXX., its subsidiaries, affiliates, successors or assigns (together the "Company"), and in consideration of my employment with the Company.
I agree to the following:



I acknowledge and agree to each of the following items:

(a) I am executing this Agreement voluntarily and without any duress or undue influence by the Company or anyone else; and

(b) I have carefully read this Agreement and Exhibit A. I have asked any questions needed for me to understand the terms, consequences and binding effect of this Agreement and fully understand them; and

(c) I sought the advice of an attorney of my choice if I wanted to before signing this Agreement.



So basically, if I don't sign it I'm fired, but isn't THAT signing under duress?

Also, it says:

4. Notification of New Employer. In the event that I leave the employ of the Company, I hereby grant consent to notification by the Company to my new employer about my rights and obligations under this Agreement and agree to inform the Company of the name, address and telephone number of my new employer.



Now that irks me a lot. If I leave, it isn't any of his business where I go.

Can someone tell me if these clauses are legal in California? I know there are some things you can sign away, and some you cannot. I just don't know where these items fall.

Thanks for any input or help.

 

[iGro4Me]

Seems like a fairly standard confidentiality agreement, are there any restrictions on future (similar) employment opportunities?

Usually only very proprietary or industry specific fields are indentified as off-limits for a particular period of time.

 

[Lazyman]

Seems like a fairly standard confidentiality agreement, are there any restrictions on future (similar) employment opportunities?

Usually only very proprietary or industry specific fields are indentified as off-limits for a particular period of time.

Hmm, good question, only sorta? There's this:

5. Solicitation of Employees. I agree that for a period of eighteen (18) months immediately following the termination of my relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company's employees or consultants to leave their employment or terminate their business relationship with the Company, or take away such employees or consultants, or attempt to solicit, induce, recruit, encourage or take away employees or consultants of the Company, either for myself or for any other person or entity.

6. Solicitation of Clients. I agree that for a period of eighteen (18) months immediately following the termination of my relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company's clients to terminate their business relationship with the Company, or take away such clients, or attempt to solicit, induce, recruit, encourage or take away clients of the Company, either for myself or for any other person or entity.

7. Representations. I agree to execute any proper oath or verify any proper document required to carry out the terms of this Agreement. I represent that my performance of all the terms of this Agreement will not breach any agreement to keep in confidence proprietary information acquired by me in confidence or in trust prior to my employment by the Company. I have not entered into, and I agree I will not enter into, any oral or written agreement in conflict herewith.




I just think that being forced to sign it, even if we disagree, is signature under duress (upon penalty of termination.) I also don't think it's legal for the company to require the name, address etc of my new employer. The contract also doesn't seem to state any penalties for breach. Is that common?

 

[Sam the Caveman]

That is a bunch of malarky. I'd tell them I talked with my attorney about it, he made copies, told me not to sign it and that you can't fire me. I'm not a lawyer though, I'd just tell him that and see what he does. How can he say your fired if you don't sign it when it says your signing it voluntarily without influence by the company? Malarky ass bs.

More than likely, they will never need this "confidentiality agreement" unless you go work somewhere else and tell your new employer the "secret mechanics" of your old employer. Then they will sue your ass off and say "look judge, he signed this confidentiality agreement voluntarily, and then he does this. We need lots of money from him now."

 

[Sam the Caveman]

I used to work in a huge car factory with all sorts of engineering marvels in it, and I never had to sign anything like that. There is probably some business lawyer behind this trying to make a buck.

 

[JJScorpio]

We don't know what Job this entails.

There are a lot of jobs where you don't want your employees giving information to other companies within the same field. It sounds like your job could fall within one of these. There are a lot of jobs that you have to sign a confidenyiality agreement. And it is legal....

 

[Lazyman]

I'm in sales for a tech industry, but honestly I'm within about two harvests of quitting, I think.

So I should have a lawyer check it out or do you think I'd be wasting money?

 

[humble1]

california is an at-will employment state.
unless there are other extenuating circumstances, this contract does not qualify as duress.
that being said, take it to a lawyer and see what they say.

 

[Lazyman]

Thanks humble1, much appreciated.

 

[humble1]

any time.

but if you're quitting in 2 cycles (4 mos - 6 mos) to crop professionally, you'll probably end up self employed or "unemployed" and the whole notification clause will be irrelevant. so the expense of an attorney may be equally unnecessary..... especially if you don't intend to re-enter whatever industry it is you work for now.
talking to a lawyer won't run you more than a hundo, though....... maybe it's worth it, to you, to show your douchebag of a boss what time it REALLY is...... that you won't be pushed around by his legalese mumbo-jumbo the way his other minions are......
there are always at least 2 or 3 sides to every argument. good luck!

 

[Dr Dog]

just leave on a good note when you do.. I seriously doubt they will waste their time on keeping you out of work, when they have a business to run

It seems like a pretty standard agreement to me too, The one I sign, is that any ideas or inventions i come up with, while in their employ, they own it too.

It is just a way for companies to absolve legal ownership of what you do and how you conduct yourself.

 

[Lazyman]

Oh ok cool, that helps me a lot too. Yeah I mean, I already crop professionally, just been dialing in a new system and want to see it start turning out 10#+ crops before I quit my job, as that would mean each harvest would net me the same as my annual take home pay!

 

[iGro4Me]

Hmm, good question, only sorta? There's this:

5. Solicitation of Employees. I agree that for a period of eighteen (18) months immediately following the termination of my relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company's employees or consultants to leave their employment or terminate their business relationship with the Company, or take away such employees or consultants, or attempt to solicit, induce, recruit, encourage or take away employees or consultants of the Company, either for myself or for any other person or entity.

6. Solicitation of Clients. I agree that for a period of eighteen (18) months immediately following the termination of my relationship with the Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit or encourage any of the Company's clients to terminate their business relationship with the Company, or take away such clients, or attempt to solicit, induce, recruit, encourage or take away clients of the Company, either for myself or for any other person or entity.

7. Representations. I agree to execute any proper oath or verify any proper document required to carry out the terms of this Agreement. I represent that my performance of all the terms of this Agreement will not breach any agreement to keep in confidence proprietary information acquired by me in confidence or in trust prior to my employment by the Company. I have not entered into, and I agree I will not enter into, any oral or written agreement in conflict herewith.




I just think that being forced to sign it, even if we disagree, is signature under duress (upon penalty of termination.) I also don't think it's legal for the company to require the name, address etc of my new employer. The contract also doesn't seem to state any penalties for breach. Is that common?

My next question would be, was there an agreement in place when you started your employ with this company, or is this a new policy they've just introduced ?

It would seem to me that it would be hard to enforce such a policy unless it's an update to an existing agreement, or circumstances have changed so drastically that the employer needed to take steps to protect themselves.

At any rate, I'm not an attorney either, I do frequently use these agreements (among others non-circumvent/non-disclosure etc.) with my clients. If you're still uncomfortable signing it, or have plans of leaving this employer, I would advise you seek out the opinion of an attorney.

GL

 

[Lazyman]

No, I haven't signed a thing for the company in ages. In fact, a couple years ago I was fired for 2 days, so I would take that to mean any contracts between us were null and void anyway. This is all new, strikes me as kinda paranoid. I actually think he's worried I might be leaving, and that I'd take his entire clientele with me. I could if I wanted, but I've been working for someone else for 20 years, and I'm sick of it.

 

[FreedomFGHTR]

In California "no employer can discriminate against an employee or a potential employee based on race, religion, national origin, sex or gender, age, legal immigration status, disability or perceived disability, or sexual orientation or sexual preference. "

Quoted from an SF labor attorney http://www.rogersemploymentlaw.com/

Basically everything else is fair game. In this state employers can terminate at will.