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Employer asking for NDA after resignation? California

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  • Employer asking for NDA after resignation? California

    I've used this forum on and off as a hiring manager in the past, but couldn't find anything quite like what I'm facing now.

    I recently left a position as a Regional Sales Manager for a technology company. After my last day with that firm, I received an email from thier HR dept that included COBRA info and some CA unemployment info. But they also sent a single page NDA and stated it was required by CA Law. I wasn't asked to sign an NDA when I was hired, which I thought strange.

    I'm 99% sure there is no legal requirement for me to now sign such a document and that this is my former employer trying to cover themselves in light of their failure to secure an NDA when I was hired, but I wanted to get some thoughts here.

    If I refuse to sign, can they withhold my last paycheck, vacation pay, 401k rollover, etc? I don't think so, but wanted to confirm.

    Thanks in advance.

    Any references to actual CA law would be most helpful as well.

  • #2
    Since you already left the firm, I wouldn't sign the document.

    They can't withhold anything due you by law - pay etc.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      An NDA (non-disclosure agreement) or a non-compete? They are two different things, though many people confuse them.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        It's an NDA, and specifically calls out a number of items. Reports, pricing, customer information, project leads, etc. My concern is that in my new role, I will be potentially dealing with the same customers and I don't want to give my old firm any grounds for legal action when/if they discover I'm working with these clients.

        I will let them know I won't be signing it.

        And they're claiming this is a CA law...

        Thanks!!!
        Last edited by Nate74; 07-16-2011, 05:53 AM.

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        • #5
          For the record, I don't think there's anything unreasonable about asking for an NDA. A non-compete, yes; that can be out of line (and in CA is generally unenforceable anyway). But I've never thought it to be unreasonable for one company's information to be kept confidential.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Simple, ask them for the citation to the law.
            I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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            • #7
              There is no law that I know of - ask them for the law/citation as Alice said.
              Maybe DAW or one of our other Ca. responders will know if there is such a
              law.

              If there isn't a law, I don't think I would sign it since you are no longer with the
              co. & they can't withhold anything that is due you by law.
              Last edited by Betty3; 07-16-2011, 07:44 AM.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Agreed with the other answers. There is nothing that I am aware of in CA law that requires a former employee to sign a NDA. On the other hand, NDAs are common and legal in CA. I suspect that the employer should have done this up front and just plain forgot. I agree that you have no reason to sign it now and the employer is seven kinds of stupid if they start holding back due wages or other things after you quit.

                Ask them for the CA law reference. Be polite. It never is a good thing to be rude or unprofessional because if this goes to court or administrative hearing, it will make the judge/ALJ not like you. But if this is a real law, they should be able to give you an actual reference to an actual law and you should be able to look it up on the following website. In fact, if it is a real law, please let us know the reference.
                http://www.leginfo.ca.gov/calaw.html
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Thank you for the level-headed advice. Much of the reason I've enjoyed lurking here in the pasth is because of advice just like this.

                  I will inquire on the specifics of this "legal" requirement, but predict it will quickly be dismissed when I make the inquiry.

                  Yes, I believe the recent departures of several of the sales staff probably has my former company worried and they've realized we were all hired without any form of non-disclosure/non-compete forms. Now, they're playing CYA as best they can.

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                  • #10
                    Yep, I believe you're probably right.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Originally posted by jenurenazensis
                      It is absolutely right to ask NDA after resignation.As it signed between two companies or individual to understand the processes used in each business.And they are retricted to use their materials provided.
                      Huh??? What planet are you from???

                      Comment


                      • #12
                        Originally posted by eerelations View Post
                        Huh??? What planet are you from???
                        That poster has been spamming several threads this morning.

                        Comment


                        • #13
                          The poster is gone, now.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            For future reference- If you no longer work for anyone, and they want a NDA or non-compete, tell them to go pound sand. You have no obligations to them.
                            I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                            Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                            I also may not have been either sane or sober when I wrote it down.
                            Don't worry, be happy.

                            http://www.rcfp.org/taping/index.html is a good resource!

                            Comment


                            • #15
                              Originally posted by nicklerwhite
                              All I have to suggest is consult for legal law office.
                              Another spammer...

                              Comment

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