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Confidentiality Agreement

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question44

Junior Member
What is the name of your state? Arizona

My former employer has asked me to remove the name of publicly available software from my resume. They claim my resume (posted on the internet) "discloses confidential information about company's competitive operational methods used in serving the company's clients. Your disclosure of this information is a material violation of the confidentiality of your contract and has damaged my client".

The software in question was not developed by me or this company I worked for. The software is available for any entity to purchase and use.

"Confidential Information" is defined in my agreement as "means any Company proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company on whom Employee called or with whom Employee becomes acquainted during the term of his employment), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to me by the Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment or in any form now known or invented or discovered in the future."
I would appreciate any thoughts on this.
 
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HomeGuru

Senior Member
What is the name of your state? Arizona

My former employer has asked me to remove the name of publicly available software from my resume. They claim my resume (posted on the internet) "discloses confidential information about company's competitive operational methods used in serving the company's clients. Your disclosure of this information is a material violation of the confidentiality of your contract and has damaged my client".

The software in question was not developed by me or this company I worked for. The software is available for any entity to purchase and use.

"Confidential Information" is defined in my agreement as "means any Company proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company on whom Employee called or with whom Employee becomes acquainted during the term of his employment), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to me by the Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment or in any form now known or invented or discovered in the future."
I would appreciate any thoughts on this.
**A: so what is your question? And why does your resume have the name of the software? Does it state " versed in Microsoft Word, Excel. Power Point, Windows**************..?
 
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question44

Junior Member
My question is do they have a case against me?

The software is not created by Microsoft... it's a application that Managed Services Providers (MSPs) use in the IT industry to support small businesses. This company feels they have a competitive advantage because they use it compared to smaller/other MSPs that cannot afford to implement the software, or know how to use the software.

Yes, it does have the name of the software, and I say how I used the software while at the company.
 

HomeGuru

Senior Member
My question is do they have a case against me?

The software is not created by Microsoft... it's a application that Managed Services Providers (MSPs) use in the IT industry to support small businesses. This company feels they have a competitive advantage because they use it compared to smaller/other MSPs that cannot afford to implement the software, or know how to use the software.
**A: post the section of the resume that you are referring to.
 

question44

Junior Member
Perform complete IT management of "Company's" customers utilizing Managed Services Provider specific application software . software allows for Remote Management (VNC), Patch Management, Software Installation, Scripting/Automation and Event Monitoring.
 

HomeGuru

Senior Member
Perform complete IT management of "Company's" customers utilizing Managed Services Provider specific application software . software allows for Remote Management (VNC), Patch Management, Software Installation, Scripting/Automation and Event Monitoring.
**A: and what, if any, does your former employer have to do with any of the above-named software programs?
 

Some Random Guy

Senior Member
So, rewrite your resume.

Remove the section where you explain what software was use by your employer.

Then add a proficiencies section to the resume where you prominently list the software that you are an expert in. Do not mention where you used that software.

In the meantime, review your company's advertising and see if they mention using the software in there. Also, do not admit to your former that your prior resume violated the contract.
 

question44

Junior Member
Ok, thanks for the response. At this time I do not wish to modify my resume. Do you think they have a case as-is?

Here's a snipet from the company's website. It does not specifically mention the software, only what the software accomplishes:

The Company PC Management Service provides a complete solution for securing, supporting and managing each desktop computer in your company. From proactive support, monitoring and data backup, to providing complete telephone and remote support for each end-user our PC Management Service ensures that your computers are operating properly & securely.
 
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cbg

I'm a Northern Girl
You have a choice. You can redo your resume as suggested, or you can take the chance that they won't be able to prevail in a suit. (Even if you win, you'll still be put to the trouble and expense of defending yourself.)

Is it really that important to NOT rewrite one section of your resume? If so, on your own head be it.
 

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