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Ramifications of NOT signing a Confidentiality agreement

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NoConf

Guest
What is the name of your state? Ohio

I have not signed a non-compete or confidentiality agreement with my employer. I have been involved in the development of software with this organization.

I am going to be asked to sign an non-compete and/or confidentiality agreement. If I REFUSE to sign the agreement, yet the organization does NOT terminate my employment, what are the ramifications of taking this knowledge and or software to my own business or another business.

I'm not looking to do anything illegal, I'm trying to understand my rights when it comes to confidentiality agreements and what I'm getting into before signing it.
 


BelizeBreeze

Senior Member
I usually don't assume things not in your post, however, from what you DID say I can only assume that you have not been designing software for the commercial sector very long.

First, if you don't sign the non-compete or confidentiality agreements the company can fire you. They SHOULD fire you. And even if they don't, and, based on your question of leaving to start your own company, If you use one line of code from the company or even designe a software close to the same or even work with clients you worked with during your time of company employ, you can expect at the minimum a Cease and Desist letter and at the other end of the spectrum, a civil suit for copyright infringement or Intentional Tort, interference with a business relationship.

I hope you have a few million stashed away.
 

stevek3

Member
NoConf said:
What is the name of your state? Ohio

I have not signed a non-compete or confidentiality agreement with my employer. I have been involved in the development of software with this organization.

I am going to be asked to sign an non-compete and/or confidentiality agreement. If I REFUSE to sign the agreement, yet the organization does NOT terminate my employment, what are the ramifications of taking this knowledge and or software to my own business or another business.

I'm not looking to do anything illegal, I'm trying to understand my rights when it comes to confidentiality agreements and what I'm getting into before signing it.
Until early this year, a non-competition agreement may have been unenforceable if it was signed after you began your employment and they didn't give you any consideration in exchange for you signing it. The Ohio appellate courts were split. The Ohio Supreme Court settled the debate this year, and held that continued employment was sufficient consideration to enforce the agreement. Therefore, you'll need to quit if you don't want to sign it.
 

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