Company Secret

[Silverplum]

Really, this answer from post #8 is quite true and covers any state or federal laws you'll break:

Okay, say everything you've written is 100% true. Expect to be sued for the rest of your natural life and to die penniless in an alley.

I don't see why that didn't suffice.

 

[quincy]

Submitted with very little energy or effort expended on my part , here is a link to an overview of Massachusetts Trade Secret laws and to an article written by an LLC which adequately covers federal trade secrets laws and current legislation (I have no connection to this LLC and the link is provided for information purposes only):

From NOLO: http://www.nolo.com/legal-encyclopedia/massachusetts-trade-secret-law.html

2015 article on federal legislature: http://www.tradesecretslaw.com/2015/08/articles/trade-secrets/latest-update-on-federal-trade-secrets-legislation/

I hope you have gathered from the responses you have received, JasonKal, that disclosing trade secrets is generally not a very smart thing to do. Good luck.

 

[Just Blue]

Submitted with very little energy or effort expended on my part , here is a link to an overview of Massachusetts Trade Secret laws and to an article written by an LLC which adequately covers federal trade secrets laws and current legislation (I have no connection to this LLC and the link is provided for information purposes only):

From NOLO: http://www.nolo.com/legal-encyclopedia/massachusetts-trade-secret-law.html

2015 article on federal legislature: http://www.tradesecretslaw.com/2015/08/articles/trade-secrets/latest-update-on-federal-trade-secrets-legislation/

I hope you have gathered from the responses you have received, JasonKal, that disclosing trade secrets is generally not a very smart thing to do. Good luck.

For God's sake!! Keep Sam safe!

 

[justalayman]

I don't see how the State is relevant, #1. I didn't know this site is only for people that do not have an atty, #2. I have/had zero expectations, #3. Who is "we?" Do you own the site? rolleyes

I see this site as a place where lawyers can offer free legal advice so they can learn and be engaged with a number of different legal topics. You can comment or not.

And the info I provided is certainly enough to get a basic legal opinion. No legal agreements in place between me and the company. Not now or ever. Company secret. US Law. Pertains to the entire country, not state specific. What more is there?

Not only would it expose you to a civil suit, depending on all the facts, it may rise to a criminal issue.

 

[quincy]

For God's sake!! Keep Sam safe!

Here you mention "Sam" and earlier you mentioned "Sam Adams." Is the forum drinking beer tonight? If so, can I have one, please?

 

[PaulMass]

Let's say I previously worked for a company that produced a consumable product with a highly prized recipe. I was an executive of the company; a large company. I don't have any legal agreements in place. No employment agreement, no non-compete, no nothing. Can I legally start an eBay auction for the recipe of this prized product? It's a product/recipe that everyone in the country or even the world is familiar with. Normally I would say scummy to even consider doing this but because of the way they treated me, I don't feel so bad.

Take a look as some Massachusetts cases at www.masscases.com. A search using the terms "trade secret former" will result in a good number of examples.

In short, it looks like you may be facing an expensive court battle. You'll make some lawyer rich.

 

[JasonKal]

I can't tell you how grateful I am for your response. Not only because it was informative but it was on topic and to the point. I am not an ungrateful person and I completely understand the advice offered here is free and I'm not entitled to a damn thing. I don't know if the posts I'm referring to were deleted or not, I suppose I could go back and look, but my issue was never with any legit response. My issue was with the immature and ignorant folks that would simply respond and call me a lier. No other constructive comment, just question my honesty. Or, when I was basically told to go screw. You have a lawyer, go talk to him. Or any of the other nasty comments that were made. Yes, I got frustrated and instead of letting it go when I was obviously not going to get a legit answer, I stubbornly kept at it because it's not acceptable to speak to people this way and I guess I felt like pressing the point. I looked back at many previous posts to other people, as you can with this site and I'm FAR from the only one that has received this treatment. I thought someone should speak up. I can only hope going forward people will remember, if you don't have anything nice to say, don't say anything at all. The folks offering advice here are supposed to be professionals and the bad eggs are tarnishing the good ones. Although it may not seem like it but I am thankful to those of you that did honestly try to help me answer this question. I thought my question when I asked it might be cut and dry but I guess not. I also communicated with the site admin or owner, not sure, but they were amazingly polite and candid in their response. I did not single anyone out or report anyone as I was accused of earlier. Anyway, hope this wraps things up and I guess I need a new screen name considering I'm unlikely to get help with this one going forward! But thanks again; I do appreciate you taking the time to research my question. After everything that transpired up and until that point you really went above and beyond. For you innocent bystanders, sorry for the drama. Nothing I hate more.

 

[quincy]

Take a look as some Massachusetts cases at www.masscases.com. A search using the terms "trade secret former" will result in a good number of examples.

In short, it looks like you may be facing an expensive court battle. You'll make some lawyer rich.

JasonKal should also look at cases in the state where the company is located (whatever state that might be), and at both civil cases and criminal cases - this if JasonKal has not absorbed what has been presented to him in this thread. With luck, he realizes that what he was considering at the start of this thread (i.e., starting an eBay auction to sell a company's trade secret) no longer seems like such a good idea.

 

[JasonKal]

I thought because I didn't have any legal agreements in place (non-disclosure, etc), it might be legal to do so. I also thought if enough people knew about it, that would make it even less risky. I know of many ex-employees that know the recipe as well but they likely signed the company handbook that would forbid disclosure. Anyway, I was just curious but you're right, it's not worth bankrupting my family over it. Thanks.

 

[cbg]

I'm sorry, but you will never convince me that any company failed in something so basic as getting non-disclosures signed when taking over the company. It may not have had the words, NON-DISCLOSURE AGREEMENT blazoned at the top, but it is ludicrous to think that something so elementary would not be included in the take-over paperwork. If you truly believe that you didn't sign any agreement to keep trade secrets, then you and your family-friend attorney need to take a very serious look again at what you did sign, because it is no doubt there.

And no, I never claimed to be a lawyer. I have, however, been through my share of mergers, acquisitions and takeovers, from both the acquiring and the acquired side, and being in HR means that I was involved in the paperwork. I don't have to be a lawyer to know what is traditionally included.

 

[Zigner]

I'm sorry, but you will never convince me that any company failed in something so basic as getting non-disclosures signed when taking over the company. It may not have had the words, NON-DISCLOSURE AGREEMENT blazoned at the top, but it is ludicrous to think that something so elementary would not be included in the take-over paperwork. If you truly believe that you didn't sign any agreement to keep trade secrets, then you and your family-friend attorney need to take a very serious look again at what you did sign, because it is no doubt there.

And no, I never claimed to be a lawyer. I have, however, been through my share of mergers, acquisitions and takeovers, from both the acquiring and the acquired side, and being in HR means that I was involved in the paperwork. I don't have to be a lawyer to know what is traditionally included.

I suspect that our OP made a big deal about being forced to sign various forms, so he was let go.

 

[Dandy Don]

Could you please explain why you have a grudge against the new owners of the company or how they have mistreated you?

Did you receive a severance package or any type of compensation when you left?

Considering selling the recipe on EBAY is not a very good option if you wanted substantial and reasonable compensation.

 

[quincy]

... Considering selling the recipe on EBAY is not a very good option if you wanted substantial and reasonable compensation.

Considering selling the secret recipe on eBay is not a very good option even if JasonKal DIDN'T want substantial and reasonable compensation. It would only be a good option if JasonKal wants one heck of an expensive legal headache that even a really good attorney may not be able to cure.

 

[JasonKal]

I'm sorry, but you will never convince me that any company failed in something so basic as getting non-disclosures signed when taking over the company. It may not have had the words, NON-DISCLOSURE AGREEMENT blazoned at the top, but it is ludicrous to think that something so elementary would not be included in the take-over paperwork. If you truly believe that you didn't sign any agreement to keep trade secrets, then you and your family-friend attorney need to take a very serious look again at what you did sign, because it is no doubt there.

And no, I never claimed to be a lawyer. I have, however, been through my share of mergers, acquisitions and takeovers, from both the acquiring and the acquired side, and being in HR means that I was involved in the paperwork. I don't have to be a lawyer to know what is traditionally included.

Again with calling me liar. Your comment has nothing to do with my original question. That said, I will explain it to you again. My family owned the company. Up and until the acquisition, I never signed a single document. I never even signed the company handbook like all employees are expected to do. When the new company bought us out, I did sign an employment agreement. However, two months after signing the agreement, they violated a significant clause in the agreement. The agreement was then terminated and at that point I chose to resign. Otherwise, I would have sued them and I would have won. They admitted they made a mistake but the damage was done. No agreements. No non-disclosure, no non-compete, no employment agreement, no nothing. Do you normally call people liar's without having a shred of evidence? And again, why would an HR consultant try to advise someone on a complicated legal issue? What exactly do you know about corporate trade secret law? There are how many actual lawyers here that can't answer the question, but you're able to chime in? If you had constructive advice, great. But to just spew a bunch of BS, please, find something better to do. My question is a legitimate question. It has to do with whether or not I could legally disclose a company secret. Whether or not I'm telling the truth about signing an agreement, is irrelevant. My question assumes no agreements. You really need to find something better to do.

 

[JasonKal]

I suspect that our OP made a big deal about being forced to sign various forms, so he was let go.

Another unsubstantiated accusation. Unbelievable. Would you like me to make an assumption about you, your professionalism or your maturity level? Would you like me to make an assumption about why you have so much free time to sit in this forum spewing BS? Really, grow up. If you don't have anything nice to say, don't say anything at all. Did you not learn that as a child? This is not your personal blog. If you're going to comment or offer "advice" then stick with the subject at hand. Keep it on-topic. Otherwise, find something else to do. The question I posed is a serious one and obviously above your head or pay-grade so find something you are able to comment on, something more inline with your level of expertise.