Leaving my job & asked to sign confidentiality agreement
Discussion
Hi All,
I handed in my notice at work recently and I am working through my notice period at the moment. HR have asked me to sign the document below (edited to remove names etc). This seems very odd to me as I have never had to sign anything like this before when leaving a company.
Am I dropping myself into something by signing it?
It is possible that the company I am going to could become a client of the old company, though this seems unlikely at the moment.
And here is the clause in the contract that the letter refers to:
Thanks for any advice received.
I handed in my notice at work recently and I am working through my notice period at the moment. HR have asked me to sign the document below (edited to remove names etc). This seems very odd to me as I have never had to sign anything like this before when leaving a company.
Am I dropping myself into something by signing it?
It is possible that the company I am going to could become a client of the old company, though this seems unlikely at the moment.
And here is the clause in the contract that the letter refers to:
Thanks for any advice received.
I am not a lawyer.
I would not sign that as written. I would send back a response along the lines that I will conform with all clauses that exist in my contract of employment as previously agreed.
The threatening of legal action for not signing something, the lack of any restriction in the clause requiring me to notify them of contacts with customers, and the fact that they are unable to spell the word 'to' would a) get my back up, and b) make me think that they haven't got the slightest clue what they are talking about.
I would not sign that as written. I would send back a response along the lines that I will conform with all clauses that exist in my contract of employment as previously agreed.
The threatening of legal action for not signing something, the lack of any restriction in the clause requiring me to notify them of contacts with customers, and the fact that they are unable to spell the word 'to' would a) get my back up, and b) make me think that they haven't got the slightest clue what they are talking about.
You're already leaving. I wouldn't sign. I would comply with original contract where necessary. It's not like the original contract even references another confidentiality document.
As said above the only leverage they have is your last months pay and I would've that it would be easy to argue if you needed to take it further that you aren't breaching your contract T&C's?
This is something they should get you to sign at the start and it sounds like they forgot.
As said above the only leverage they have is your last months pay and I would've that it would be easy to argue if you needed to take it further that you aren't breaching your contract T&C's?
This is something they should get you to sign at the start and it sounds like they forgot.
If I was asked to sign something like that when finishing a contract I'd laugh in their face. 
I would then point out that I had already signed a non-disclosure agreement when starting the contract and that I was not about to sign anything potentially more restrictive when working my notice. I would suggest that if they wanted to raise an injunction against me that they should just go ahead and try to do it. I'm not sure on what grounds they'd be approaching a judge for an injunction though if you weren't actually breaking the terms of the original contract.
The whole thing looks to me like someone is trying to reinforce the clauses in the original contract and reminding you that they will be forceful in enforcing the original clause if they get wind of you breaking them. Seems a bit bullying to me and therefore I'd be enjoying ignoring it and them on this request.
I would then point out that I had already signed a non-disclosure agreement when starting the contract and that I was not about to sign anything potentially more restrictive when working my notice. I would suggest that if they wanted to raise an injunction against me that they should just go ahead and try to do it. I'm not sure on what grounds they'd be approaching a judge for an injunction though if you weren't actually breaking the terms of the original contract.
The whole thing looks to me like someone is trying to reinforce the clauses in the original contract and reminding you that they will be forceful in enforcing the original clause if they get wind of you breaking them. Seems a bit bullying to me and therefore I'd be enjoying ignoring it and them on this request.
What they look to be doing is to remind you of the restrictions that you are operating under, of course not knowing your current contract with them makes it hard to judge.
Remaining on good terms with an ex employer is valuable, it takes an idiot who falls out with them (and wow, there are a lot of idiots in this world) unless their actions are fundamentally wrong. So analyse it, determine if they are restricting you in a way that they would not be otherwise and unless you can see that sign it.
Remaining on good terms with an ex employer is valuable, it takes an idiot who falls out with them (and wow, there are a lot of idiots in this world) unless their actions are fundamentally wrong. So analyse it, determine if they are restricting you in a way that they would not be otherwise and unless you can see that sign it.
Thanks for all the replies. If there is no harm in signing it I would rather just sign it, rather than it possibly cause issues with my final pay or reference. I am leaving the company on good terms.
The situation is that I work for a subcontractor as an estimator and I am going to work for a contractor as a QS. Should my old company quote for work to the new company and it and it falls to me to deal with it, how can I not use knowledge I have gained working there?
"Forthwith not misuse any information or data I have been privy to"
What does misuse mean in this context?
"disclose the names of any clients and all or prospective clients with whom I have had material dealings with post the termination of my employment"
Potentially every company I work at for the rest of my life then!
And what does "Embody these undertakings in an order of the high court" mean? Am I putting myself under some sort of obligation?
The situation is that I work for a subcontractor as an estimator and I am going to work for a contractor as a QS. Should my old company quote for work to the new company and it and it falls to me to deal with it, how can I not use knowledge I have gained working there?
"Forthwith not misuse any information or data I have been privy to"
What does misuse mean in this context?
"disclose the names of any clients and all or prospective clients with whom I have had material dealings with post the termination of my employment"
Potentially every company I work at for the rest of my life then!
And what does "Embody these undertakings in an order of the high court" mean? Am I putting myself under some sort of obligation?
deckster said:
I am not a lawyer.
I would not sign that as written. I would send back a response along the lines that I will conform with all clauses that exist in my contract of employment as previously agreed.
The threatening of legal action for not signing something, the lack of any restriction in the clause requiring me to notify them of contacts with customers, and the fact that they are unable to spell the word 'to' would a) get my back up, and b) make me think that they haven't got the slightest clue what they are talking about.
Agreed, I can see several problems with this 'agreement'. It is not really a proper contract. The threat of of legal action for not entering this contract is coercive. However contracts have to be entered into voluntarily. Also to be a valid contract both parties must receive consideration, something of value. This asks you to give up something of value, your freedom without offering any consideration for it.I would not sign that as written. I would send back a response along the lines that I will conform with all clauses that exist in my contract of employment as previously agreed.
The threatening of legal action for not signing something, the lack of any restriction in the clause requiring me to notify them of contacts with customers, and the fact that they are unable to spell the word 'to' would a) get my back up, and b) make me think that they haven't got the slightest clue what they are talking about.
Generally wide ranging _post_ employment confidentially contracts have little real legal weight and prominently serve are devices of intimidate.
Did you give a written notice ? In these it is wise to always state you will fully comply with the terms of your contract _during_ your notice period.
If not then send a short signed written note confirming this intention.
AlexC1981 said:
"disclose the names of any clients and all or prospective clients with whom I have had material dealings with post the termination of my employment"
Potentially every company I work at for the rest of my life then!
I presuem that they wouldn't sign a subcontract with such a silly clause in?Potentially every company I work at for the rest of my life then!
Hypocrites.
Don't sign it on principal, but don't be arsey. Ignore and if pushed give your reasons and send them a quick note conforming that you'll comply with the original agreed terms of your employment.
If they work for the MC you're joining then maybe they need to have a grown up chat with you if they have concerns. Tell them that if they're worried about a conflict of interest you'll make sure that they don't work on any of your projects, they've no need to worry then!
My reading is that 14dies with the contract, I've seen contracts where articles of this type survive the contract, maybe some one made a mistake in this regard and are trying to correct, so the extended clause is a new contact, this would need consideration to be enforceable? Ask them how much they will pay to sign?
What does your contract say? I wouldn't sign the document you posted up on the simple principle that a contract is already in place therefore no need.
O/T example but I was gifted some shares that had a stated notional value (company was due to list on the stock market and they wanted to retain some senior people). For various reasons that never happened and just as the shares were due to "mature" (can't remember the expression) the company wanted to downgrade their value and gave us a new document to sign in agreement! I refused on the basis I'd already signed a document a few years back.
TX.
O/T example but I was gifted some shares that had a stated notional value (company was due to list on the stock market and they wanted to retain some senior people). For various reasons that never happened and just as the shares were due to "mature" (can't remember the expression) the company wanted to downgrade their value and gave us a new document to sign in agreement! I refused on the basis I'd already signed a document a few years back.
TX.
Ask them what the consideration is for signing this new contract while confirming that you have no intention of breaking the terms of the contract of employment that you signed on xx/xx/xxxx.
Work out how much it would cost them to get a high-court order and pitch your price under that - you may have to pay tax on this.
Work out how much it would cost them to get a high-court order and pitch your price under that - you may have to pay tax on this.
For all the words being put in here in response what you are asking for is essentially a comparison between images 1 and 2 and 3 and 4.
What you need to know is whether anything in 1 and 2 are contrary to what is 3 and 4 which is what you are already committed to.
If it does then there is a reason to object, if there is not then it would be less hassle to sign since a failure to do so could result in a defence of legal proceedings against you.
Now to be helpful to the OP can anyone saying not to sign be specific about what it is in image 2 in particular that is contract to the contract, specifically image 3 and 4? Because unless you can (and I can't) it would be a bunch less hassle to sign it since they are already committed to it anyway.
What you need to know is whether anything in 1 and 2 are contrary to what is 3 and 4 which is what you are already committed to.
If it does then there is a reason to object, if there is not then it would be less hassle to sign since a failure to do so could result in a defence of legal proceedings against you.
Now to be helpful to the OP can anyone saying not to sign be specific about what it is in image 2 in particular that is contract to the contract, specifically image 3 and 4? Because unless you can (and I can't) it would be a bunch less hassle to sign it since they are already committed to it anyway.
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