Non-disclosure agreement, I'm a new consultant.

[parker3781]

What is the name of your state (only U.S. law)? New York State

I've just recently left my full time job where I developed a curriculum which has gained some national recognition. My former employer is asking that I come back and deliver this cirriculum in a webinar. I am inclined to follow through with this opportunity because of the exposure but my former employer just provided me with a non-disclosure agreement. It�s my intention in the future to open up my own training company and create new curriculums within the same subject matter especially since i am now considered a pseudo expert in the area.

Because of the broadness of the non-disclosure agreement, which will be in place for 5 years, I am concerned that it would deter my ability to do anything (training, speaking engagements, etc.) in the future.

I understand that as a full time employee the work I created is my former employer�s intellectual property. My question is-what can I put it in place to ensure that I can do work on my own in the future while also deliver this curriculum for my former employer.

 

[OHRoadwarrior]

You can refuse to sign it. They can refuse to hire you.

 

[quincy]

What is the name of your state (only U.S. law)? New York State

I've just recently left my full time job where I developed a curriculum which has gained some national recognition. My former employer is asking that I come back and deliver this cirriculum in a webinar. I am inclined to follow through with this opportunity because of the exposure but my former employer just provided me with a non-disclosure agreement. It�s my intention in the future to open up my own training company and create new curriculums within the same subject matter especially since i am now considered a pseudo expert in the area.

Because of the broadness of the non-disclosure agreement, which will be in place for 5 years, I am concerned that it would deter my ability to do anything (training, speaking engagements, etc.) in the future.

I understand that as a full time employee the work I created is my former employer�s intellectual property. My question is-what can I put it in place to ensure that I can do work on my own in the future while also deliver this curriculum for my former employer.

You would probably be smart to have the non-disclosure agreement personally reviewed by an attorney in your area. Discuss with this attorney your current plans for the future and have the attorney go over with you how the non-disclosure agreement will limit these plans.

Then speak with your former employer about the changes that will be necessary to the agreement, that will allow you to both present in the webinar the curriculum you developed for this employer while maintaining your rights to engage in the employment opportunities you want to pursue in the future.

If the non-disclosure agreement cannot be tailored in a way that is satisfactory to both you and your former employer, you will have to decide for yourself what is most important - the webinar or your freedom to create a future without limits on your work.

Again, I recommend you have a personal review of all terms and provisions of the non-disclosure agreement done by an attorney in your area, and then weigh carefully the pros and cons of signing it.

Good luck.