Confidentiality Agreement

[Cousty]

What is the name of your state? Kentucky

I have been working with a company for 3 1/2 years. I have been the Sales and Marketing Coordinator for about 12 months now. Through the natural course of business, I have been involved with almost all of the financial agreements, budgets, etc. Also as the Sales Coordinator, I have personally dealt with 85% of our clients. The General Manager and I have decided to start a business that will be in direct competition with our old company. We never signed ANY type of document other than W-9 forms. A non-compete has been talked about, but never actually completed, nor drawn up by an attorney.

Now, I believe that the owner of the company may attempt to get me to sign a confidentiality agreement saying that I cannot use and financial information, client lists, pricing sheets and other delicate information from my employment. I cannot see how I could possibly be forced to sign this agreement. I do have outdated sales records and pricing sheets, which I would gladly give back, but I don't want to sign the document out of fear that it would force me to "forget" about past orders at my previous company. Is there any reason why I should sign this document?

Thanks in advance for any help.

 

[pattytx]

Have whatever the company wants you to sign reviewed by a local attorney versed in business law. Such an agreement, however, is not atypical.

 

[HomeGuru]

What is the name of your state? Kentucky

I have been working with a company for 3 1/2 years. I have been the Sales and Marketing Coordinator for about 12 months now. Through the natural course of business, I have been involved with almost all of the financial agreements, budgets, etc. Also as the Sales Coordinator, I have personally dealt with 85% of our clients. The General Manager and I have decided to start a business that will be in direct competition with our old company. We never signed ANY type of document other than W-9 forms. A non-compete has been talked about, but never actually completed, nor drawn up by an attorney.

Now, I believe that the owner of the company may attempt to get me to sign a confidentiality agreement saying that I cannot use and financial information, client lists, pricing sheets and other delicate information from my employment. I cannot see how I could possibly be forced to sign this agreement. I do have outdated sales records and pricing sheets, which I would gladly give back, but I don't want to sign the document out of fear that it would force me to "forget" about past orders at my previous company. Is there any reason why I should sign this document?

Thanks in advance for any help.

**A: even if you do not sign you would still be bound by certain case and statutory laws with respect to financial and other confidential information of your employer. Be very careful and consult with an attorney.

 

[Cousty]

I have no use for the financial information. The only information that I would find useful is if I was selling to an old client, we could talk about a previous order, quantity of items, types of products, etc. The structure of our business will be totally different, and therefore the financial details of the previous company is irrelevant to me. .... if any of this helps.

 

[HomeGuru]

I have no use for the financial information. The only information that I would find useful is if I was selling to an old client, we could talk about a previous order, quantity of items, types of products, etc. The structure of our business will be totally different, and therefore the financial details of the previous company is irrelevant to me. .... if any of this helps.

**A: I was also referring to established biz contacts. In other words, you can't just steal clients.

 

[eerelations]

Even without a confidentiality agreement in place, your employer could (and probably would) sue you for this (costing you lotsa $) and might even win (costing you even more $).

And even if what you're planning to do turns out to be legal, it's still HUGELY unethical.