Do I have to respond to a certified letter??

[AmberLynne]

I recently resigned my position at a private company in Texas after learning about many fraudulent business practices that would land the company in serious trouble if the secrets got out. I took no action upon my discoveries, I simply started looking for a job, accepted a new position, and put in my two weeks notice. It got really ugly after that...I can elaborate if needed, but today I received the following certified letter, and I need to know if I am REQUIRED to respond to it. (Company is in place of the actual company name)

This firm represents Company. We understand that you recently resigned as an employee of Company and this letter is written to remind you of your continuing obligations to Company.

First, all property coming into your possession while working at Company remains the sole property of Company. If you have any documents, files, CD's, keys, data, information, intellectual property, personal property, or other property of Company, all such property, including copies thereof, must be returned to Company and may not be used by you in any respect.

Second, the intellectual property of Company includes copyrights, trademarks, patents, confidential information, and trade secrets, including customer information and means and methods of Company's operations regarding the business of Company. You have agreed and are obligated to maintain the confidentiality of all such information and not to disclose it to third parties or use such information, directly or indirectly, for your own purposes.

Third, you have agreed and are obligated not to compete directly or indirectly with Company for three years following the termination of your employment. You shall not own, manage, operate, consult, or be employed in a business substantially similar to or competitive with the present business of Company or such other business activity in which Company may substantially engage during your term of employment.

Please confirm to us within ten days from the date hereof that 1) you have returned all of Company's property and are not using such property, 2) that you have and will not disclose or use any such confidential or intellectual property of Company, and 3) that you have not and will not compete with Company for the above period.

Your cooperation is appreciated.

Yours very truly,

Lawyer's name and signature.

I signed a confidentiality agreement with all this information when I began working there, and I don't see the need to reiterate it. I don't owe them any piece of mind after the retaliation they put me through when I resigned, and I'd prefer to ignore this letter, although I will not be competing with the company or using the information I obtained there in anyway. I also do not have any company property. Do I HAVE to respond to this? What if I don't??

Thank you very much!
Amber

 

[divgradcurl]

I recently resigned my position at a private company in Texas after learning about many fraudulent business practices that would land the company in serious trouble if the secrets got out. I took no action upon my discoveries, I simply started looking for a job, accepted a new position, and put in my two weeks notice. It got really ugly after that...I can elaborate if needed, but today I received the following certified letter, and I need to know if I am REQUIRED to respond to it. (Company is in place of the actual company name)





I signed a confidentiality agreement with all this information when I began working there, and I don't see the need to reiterate it. I don't owe them any piece of mind after the retaliation they put me through when I resigned, and I'd prefer to ignore this letter, although I will not be competing with the company or using the information I obtained there in anyway. I also do not have any company property. Do I HAVE to respond to this? What if I don't??

Thank you very much!
Amber

No, you don't have to respond to it -- it's not a court summons or anything.

However, it sounds as if THEY believe that you have a noncompete agreement in place. If you do, or think you might, and the company you are going to work for in any way may compete with the original company, it might be worth your while to have a lawyer review the noncompete agreement to determine whether or not it could be used against you.

 

[AmberLynne]

Thanks

I appreciate it - I couldn't imagine that I HAD to reply to it, and if I did, they should've made it a little more clear. Thanks for confirming.

On the non-compete, I actually did NOT sign a non-compete, just a confidentiality agreement, and I don't remember whether it included anything regarding non-compete. Regardless, I have moved from a survey research company to an architecture firm, so there is no way a non-compete is applicable here.