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Lauren1234

Guest
What is the name of your state? Illinois

I realize I probably need to contact a laywer, but I am not in a financial position to do so and I just want some general advice... I'm more scared at this point and I feel that the company is threatened by the confidential knowledge I have and are trying to frightenen me into complying with the agreement (which I believe I am in compliance with).

When I put in my 2 weeks notice and worked out those 2 weeks, I was neutral about the company. I was just ready to move on and I harbored no ill will.. until my exit interview. In one breath they thanked me for all my hard work (they used me for 2 weeks to train the owner to do my job because no one knew what I actually DID there!) and then berated me saying I had high internet usage and that they had kept copies of every e-mail I sent or received at my work account. They were hideous to me and I was shocked by their behavior. I'm feeling bullied.

1. After being hired by my former company, I was asked to sign a basic (one page) confidentiality agreement that wasn't even prepared by a lawyer. I did so willingly and without compensation.
(I didn't feel like I had a choice)

2. A year and a half into my employment the owner of the company brought in new partners (who are also lawyers) and these people drafted up a 6 page confidentiality, innovations, proprietary rights and non-compete agreement which I was required to sign. I felt that if I didn't sign it, I would not be allowed to be employed there any longer. I did not receive any compensation for signing the agreement.

3. The agreement basically says I cannot work in an industry that has the same products/services for 3 years and that I cannot solicit their current clients or reveal any confidential information.

Here is my problem... I received a threatening legal letter from their law firm indicating that they have (and I quote from the document) 'obtained certain information that suggests I may be in breach of the agreement' That I, 'among other things, have contacted or solicited or intend to contact or solicit existing customers' and that they are 'concerned that I have or intend to disclose confidential information for personal gain'

I have contacted their lawyer to find out who they think I have contacted, because to my knowledge I have not breached the agreement. I am awaiting her reply.

The only possible thing I think they could be referring to is the day after I left the company (I quit and finished out the 2 week notice) I did e-mail a client that I had developed a friendship with and told her I had left the company and that I wished her well and asked her to keep in touch (as friends). I never mentioned why I left the company or solicted her in any way.

That person replied back, concerned about me leaving the company and expressed worry in whether or not she could continue to get her product in a timely fashion.

I answered her with this exact paragraph (in an e-mail):
"I completely understand. Although I can't say much because I am bound by a confidentiality agreement and non-compete agreement and I run the risk of being sued, I will say that you should probably place your orders before you need them to allow plenty of time for it get done for you"

I do not believe that my statement is derogatory in anyway or that I have 'solicited' this person. She and I have had no contact whatsoever since that one day.

Before I left this company I had obtained new employment in an unrelated field and I have no need or reason to solicit any of my former company's current clients. I do not intend to make any type of contacts..in fact, I am so bitter with the industry and my former company, that I am not interested in ever working in that field again! Also, I don't believe there are even sources in the industry that could benefit from the confidential knowledge I hold.
(and if there are, I don't know where to find them!)

What I'd like to know is this: is this letter intended to 'scare' me and they are postering? My opinion is that if they truly had evidence of any wrongdoing I would have received a summons instead of a threat.

I believe their information may have come thru 'rumor' channels and that they may be fishing to see if I admit to anything (being the previous e-mail I discussed).

The letter also indicated "that the company is and will continue to monitor my activities". Is this harassment? I feel bullied.

So, my questions are these:

1. Should I have recevied compensation (above remaining in my position) in order for the second, 6 page docmuent to be legally binding?

2. At what point does this qualify as harassment?

3. Is the company legally required to tell me what evidence they have on me as far as who they think I contacted or tried to solicit?

4. Can the company dictate who I can talk to? (meaning I can't talk to former clients or current/former employees even if it has nothing to do with business?)

5. Can the company come after me based on oral rumors/heresay from existing employees? (I believe this could be where it came from).




THANKS
 



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