BUSINESS AND MARKETING: Business and Marketing Forum Business and Marketing Articles

Signing an NDA with Non-compete languge after I quit

COW Forums : Business & Marketing

<< PREVIOUS   •   FAQ   •   VIEW ALL   •   PRINT   •   NEXT >>
John GaffneySigning an NDA with Non-compete languge after I quit
by on Dec 15, 2008 at 5:54:55 pm

Why would I sign an NDA with non-compete language (this thing is 7 pages) for a company that I have already quit? They forgot to give me one when I joined the company 2 years ago. In the process of my exiting they noticed and asked me to sign one that was backdated to my start date. Upon review I saw the back dating and all this restrictive language to work in my chose field. I told them I would sign something that addresses the non discloser of proprietary information but the non-compete was a no go.

They have not had the money to pay my commissions for almost a year (approx $12K) and expenses since July (approx $2.5K). Can they hold up payment of this money to me when they get funded at the end of the month? They are about to "come into some cash" because they are being acquired. Basically a fire sale to pay all the debts owed. I had a comp plan in place with them that states they need to pay me when funds become available


Return to posts index

Mike CohenRe: Signing an NDA with Non-compete languge after I quit
by on Dec 15, 2008 at 6:52:19 pm

consult a lawyer


Return to posts index

walter biscardiRe: Signing an NDA with Non-compete languge after I quit
by on Dec 15, 2008 at 7:03:07 pm

An NDA is fine, Non-Competes are not. There have been many threads on here and I believe it was California recently that finally came out and said they are illegal.

Consult a lawyer before signing and let the company know that you are consulting a lawyer.

Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.

Read my Blog!

STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!


Return to posts index


John GaffneyRe: Signing an NDA with Non-compete languge after I quit
by on Dec 15, 2008 at 7:25:35 pm

That is my exact intention. Sign an NDA but not to sign anything with a non-compete. They offered a letter to me telling me it was ok to work for my current employer. I sent it all off to a lawyer. I need to do my new day job and not worry about this. I have a feeling they have a web of lies they have sold the acquiring company and one of them is everybody who is and was employed is under NDA and non-compete. My feeling is I will never see the money they owe me unless it goes to court.



Return to posts index

Mark SuszkoRe: Signing an NDA with Non-compete languge after I quit
by on Dec 15, 2008 at 8:09:09 pm

Exactly what authority does a company about to disappear have over you anyway? Obviously your lawyer will have the best advice but I say hold firm and don't cave, especially on the back-dated stuff: it would be up to them as far as burden of proof. I think you are in the strongest position and need not have terms dicated to you atthis late stage.


Return to posts index

Craig SeemanRe: Signing an NDA with Non-compete languge after I quit
by on Dec 16, 2008 at 2:30:37 pm

Just some thoughts:

They must consider something about what they have or what you know of value.
As part of the sale of the company they may have made claim to some unique aspect of the business. It may be as simple as the client list.

They have not completed obligatory payment to you and you should inform that they MUST complete there ALREADY AGREED UPON obligation to pay you for you to consider any other agreements.

I wonder if the "buyer" is looking (or may look at) at current/former employee list and matching with such agreements as a precondition of the sale for the company to be so concerned about this.

Speak to a lawyer of course but I would be concerned about signing any back dated document. The date you sign is the date you sign even if the document refers to information and knowledge you may have learned preceding that date.

You may be in a much stronger position than you realize if your decision may hold up the sale or prevent some form of capitalization worth more than they owe you.



Return to posts index


Steve WargoRe: Signing an NDA with Non-compete languge after I quit
by on Dec 16, 2008 at 2:16:14 am

Wouldn't dream of it. Frankly, I would tell them that I was headed down to the EEOC to file a complaint on the back wages thing, so, their little paper would have to wait. NO ONE is going to buy a company with EEOC charges against them. However, with all back monies paid and a little bonus, signing the paper might be a consideration.

Steve Wargo
Tempe, Arizona
It's a dry heat!

Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .


Return to posts index

Timothy J. AllenRe: Signing an NDA with Non-compete languge after I quit
by on Dec 16, 2008 at 2:38:12 am

Don't sign anything else except the back of the check they owe you - and then only if it's for the full amount with no strings attached.

Definitely consult a lawyer about this, but on the surface, I see absolutely no reason why you should sign a non-compete. I mean, you want to keep a good reputation and references throughout your career, but this is a case where I wouldn't worry about that too much. They owe you money and are then trying to coerce you into signing something that probably isn't unenforceable anyway? I don't see their leverage here.

I wouldn't have a problem with signing an NDA, but a non-compete would find it's way straight into a folder in my lawyer's office as background for the collection case.









Return to posts index

Mike SmithRe: Signing an NDA with Non-compete languge after I quit
by on Dec 16, 2008 at 10:15:29 am

You have already quit. There is no reason to sign anything - you could just as well be the one trying to require the firm (the other party in your contract) to sign up to additional terms after contract completion. Like you, they would very probably not comply.

If they want to offer you an additional contract with additional payment or other consideration in return for your NDA or anything else, you could consider the offer and its benefits to you.

Once a contract has been struck, neither party to it is in a position to impose additional terms without the other party's consent. Your contract (written or otherwise) was struck when you first agreed terms and started work; since then, any changes in terms offered either by you or by the employer would need to be agreed by the other party.


Return to posts index


John GaffneyRe: Signing an NDA with Non-compete languge after I quit
by on Dec 16, 2008 at 5:21:00 pm

This has been a great forum and has helped me get my head on straight. Took many of the talking points here and had a conversation with them last night. The NDA and the Non-compete are off the table. These are a condition of hire not termination. They screwed up and the acquiring company is now dotting the i's. Verbal was that this is a done issue. I asked for it in writing (and signed by the CEO) and to have it to me COB today.

We have now moved on to the back-pay that is owed. Best I think I will get is a signed letter of intent from the CFO to pay me what they owe me. They are broke and no money/blood from a stone. If we kill the sale of the company, nobody gets paid, I burn a lot of bridges in the process and many of my former co-workers get screwed at Christmas. They have until COB today to get us resolution to this. If they miss then we go down the aggressive path. Makes a win-win harder to do at that point and the bridge burning begins.

Thanks for all the help and the objective view points. It is hard to see things when you are mired in the middle of it all.



Return to posts index

grinner hesterRe: Signing an NDA with Non-compete languge after I quit
by on Dec 17, 2008 at 4:34:42 am

sign nothing. laugh loud.



Return to posts index

<< PREVIOUS   •   VIEW ALL   •   PRINT   •   NEXT >>
© 2017 CreativeCOW.net All Rights Reserved
[TOP]