What type of information can I disclose

[ohio]

What is the name of your state? Ohio

I have worked for a Japanese chemical company for almost 2 years. I have never signed any type of agreement (confidentialty, handbook, non compete, etc). My company has recently been trying to force me to sign an agreement or I will be fired. If they fire me I want to work as a consultant for a competitor.

What information can I disclose legally, I was responsible for setting up the entire US operations from vendors to price negotiations. I was given a vague list of chemicals but had to interpret the list myself and find adequate US chemicals to use. This company did not exist in the US before I started. It has been in Japan for over 50 years. I know all pricing, formulas, chemicals, business plans, customers, and the majority of this information was determined on my own using only company equipment and basic information none of which was marked confidential or private. My boss is Japanese and gave me very few details to work with.

Please help, What information can I disclose without incriminating myself. I have already received several offers and am interested in proceding to the next step.

Thank you

 

[loku]

I KNOW ALL PRICING, FORMULAS, CHEMICALS, BUSINESS PLANS, CUSTOMERS, AND THE MAJORITY OF THIS INFORMATION WAS DETERMINED ON MY OWN USING ONLY COMPANY EQUIPMENT AND BASIC INFORMATION NONE OF WHICH WAS MARKED CONFIDENTIAL OR PRIVATE.

The information belongs to the company even though you developed it because you were an employee when you developed it for them. Second, the information is of the type that qualifies as trade secrets. Third, it may or may not amount to trade secrets because to be a trade secret, the company must perform reasonable measures to preserve its secrecy. None of it was marked confidential or private, but they have asked you to sign a confidentiality agreement about it and that may be considered enough to make it a trade secret.

The upshot of all this is that THIS IS BY NO MEANS A CLEAR ISSUE. I would definitely suggest you consult an attorney, specializing in intellectual property before you disclose any of this info. If you are found to have divulged trade secrets, there are very serious penalties.

The risk is great, the issue is not clear, and only an expert in the field, who knows the specific facts, could give a definitive answer.