New contract-basis for termination?

[sara-la]

What is the name of your state? California. I have been employed for 3 yrs. & my employer never had me sign a contract. Now she wants me to sign a non-disclosure, but I don't want to sign it. Can she terminate my employment legally if I refuse to sign? And what are my rights as an employee if my employer wants to set up new policies?

 

[Beth3]

"Can she terminate my employment legally if I refuse to sign?" Yes.

"And what are my rights as an employee if my employer wants to set up new policies?" Your employer has every right to create, change, or discontinue existing policies, as long as they are not contrary to employment laws. You always have the right to find a job elsewhere and resign if you don't care for your employer's policies.

 

[sara-la]

What if, for instance, I have already given information to someone & my employer wants me to sign a non-disclosure. If I sign today, and the information I gave was last month or last year, then can I get sued?

 

[Beth3]

It depends. Regardless of whether you signed a confidentiality agreement, you can be held liable if you purposefully engaged in subterfuge against your employer and the company experienced damages. For example, if you shared proprietary information with a competitor (customer lists, pricing, product designs, etc.)

What exactly are your concerns about signing a non-disclosure? That's pretty standard fare. It just means you will keep confidential and proprietary information obtained through the course of your employment to yourself. A non-disclosure is not a contract or a non-compete agreement.

 

[sara-la]

I'm not entirely happy with my job, and was thinking about starting my own business (doing the same thing). Customers are on the internet, so that is an open-market, but I want to continue buying from some of the same suppliers when I am on my own. I was advised that since I have been here for 3 yrs. , if I refuse to sign a non-disclosure, my boss cannot fire me based on my refusal to sign a contract.

 

[sara-la]

Also, I was told by someone else that if I sign and then soon leave, it will be difficult for me to be sued since it is an "open-market"

 

[Beth3]

I think whoever told you that is wrong.

Because you are thinking of starting your own business, it would be a good idea for you to consult with an attorney, just 'cause. Since you're going to have to sign a non-disclosure (or be prepared to lose your job), it would be an even better idea for you to speak to legal counsel, primarly so that you have accurate information on the issues you need to contemplate when starting your own business as well as what your actual liability will be since you plan on competing with your current employer.