Confidentiality Agreement Signed At Hire, But Not At Re-Hire

[JOliver]

What is the name of your state (only U.S. law)? Michigan

This may get tricky, so hopefully I can get the question across without it being long winded or confusing.

I started working for an employer in August of '07. I signed a confidentiality agreement. In June of 2008 I gave my employer a 3 week notice that I would be leaving to take a job at a different company. My seperation papers were submitted by my then manager.

The new job did not pan out and I was subsequently laid off after two weeks (automotive job.)

When this happened I was in contact with my old market manager. He expressed he wanted me to return to the company, and gave a raise and promotion to make my decision easier.

I chose to return to the company at the end of June. I was gone for a total of three weeks from the employer. Upon returning I was told that my employer would "say the seperation paper was put in error and that I was not seperated from the company" meaning my hire date remained at August of 2007 instead of the new hire date that I came back to the company on.

My question is: Since I left the employer and the correct paperwork was submitted but then they said "whoops, paperwork was submitted by the wrong person" would the confidentiality agreement stick from the first time around?

I was listed as "seperated" from the company. They did not make me sign another confidentiality agreement upon my return.

Thanks for any insight.

 

[cbg]

We cannot comment on the enforceability of an agreement we have not read. You'll need to show it to an attorney in your state.

 

[JOliver]

We cannot comment on the enforceability of an agreement we have not read. You'll need to show it to an attorney in your state.

Why would the agreement have to be read to know if it applies in this case? I left the company and was listed as "seperated" before I was extended an offer of employment with more money and more hours and returned to the company 3 weeks after I left.

The company in return said that the "paperwork was filed incorrectly" (my seperation paperwork) and the company acted as if I was never seperated however memos state I was seperated.

I was told at the time this was being done because the company did not want to have to do "re-hire paper work" and because of the short time frame this was easier on them. However, again, I left and worked a seperate job.

 

[cbg]

Because the exact wording of the agreement is what matters. You will not find any laws that automatically void or enforce an agreement when x happens; what matters is what the agreement itself says.

 

[eerelations]

I will go out on a limb and say the agreement is probably not enforceable, however, I can't say for sure without having seen the agreement in its entirety. To reinforce what my esteemed colleagues have advised, you really need to run the agreement and your situation by an attorney to know for sure.

 

[JOliver]

Thanks to those for answering my question.

 

[las365]

I've since been terminated and they are citing violation of the confidentiality agreement. The company alledges I posted proprietary information on the Internet as a "source of a leak."

Have you learned nothing? You have an attorney, but here you are posting about your case on the internet.

It just isn't smart.

Having said that, my opinion would differ from eerelations' in that I tend to think if the employer and you decided to treat your brief seperation from work as some sort of leave rather than a termination and re-hire, the confidentialtiy agreement you signed at the beginning of your employment would remain in effect. Of course, that assumes that it was enforceable to begin with, which it may or may not have been.

I know you are thinking a lot about this and are curious about what may happen, but you would be a lot better off to stop talking about it with anyone other than your attorney.

 

[pattytx]

I agree with las635. The employer is treating you as reinstated, not terminated and subsequently rehired. So why would any prior agreements NOT still be enforceable?

 

[JOliver]

I agree with las635. The employer is treating you as reinstated, not terminated and subsequently rehired. So why would any prior agreements NOT still be enforceable?

I was listed as "Terminated" in various work programs.

I'll leave it at that though as you're right, I should keep things off the 'net.

 

[pattytx]

That's what a reinstatement is. It's voiding of a termination. Like it never happened.

 

[JOliver]

That's what a reinstatement is. It's voiding of a termination. Like it never happened.

But, I quit. Gave them notice, made it clear I was leaving.

 

[cbg]

Look.

I told you right at the beginning, no one here knows what your agreement says because we have not read it. There IS NOT a law that will automatically void or enforce the agreement - that's not how the law works. It should be obvious by now that no one here can answer your question, which is what I told you in the first response you got. So instead of staying here arguing, why don't you simply do what I suggested already and SHOW IT TO AN ATTORNEY ALREADY.