OT: have a question about confidentially agreements.....

[MSUDeltadawg1971]

A head hunter contacted me about a job with a company that is a competitor of the company I work for. I applied and made it through the first two interviews, I was asked to fly to the home office and interview with six more people. I was asked if I had a non compete and I told them no but I had signed a confidentiality agreement and they asked for a copy of it. I have been told that their legal looked at it and doesn't think I can take the position and be an asset after reading it. I am going to try and find an attorney Monday at the request of my headhunter but didn't know if anyone here had any experience dealing with this type of problem. It's a kick in the nuts because it was a 20-30 K raise plus bonus, retirement was way better.

I was told from the person who would be my boss there is nothing they can do at this point but if anything changed on my end to please let him know.

My question is there anyway to get around this on my end? All a confidentiality agreement is is saying I won't take intellectual property or proprietary information with me and can't use it as an advantage against the company I worked for.

I work in Ag, I'm a product manager/regional sales Manager, based off their take I could never change jobs. In this industry it happens everyday, heck, we hired one of there sales reps a few months ago.

[BoomBoom]

A head hunter contacted me about a job with a company that is a competitor of the company I work for. I applied and made it through the first two interviews, I was asked to fly to the home office and interview with six more people. I was asked if I had a non compete and I told them no but I had signed a confidentiality agreement and they asked for a copy of it. I have been told that their legal looked at it and doesn't think I can take the position and be an asset after reading it. I am going to try and find an attorney Monday at the request of my headhunter but didn't know if anyone here had any experience dealing with this type of problem. It's a kick in the nuts because it was a 20-30 K raise plus bonus, retirement was way better.

I was told from the person who would be my boss there is nothing they can do at this point but if anything changed on my end to please let him know.

My question is there anyway to get around this on my end? All a confidentiality agreement is is saying I won't take intellectual property or proprietary information with me and can't use it as an advantage against the company I worked for.

free market**

[Dallas_Dawg]

Get fired. Download some porn on your work PC. 17 the hot blonde in Admin. ***

[Martianlander]

You are correct. Something doesn't smell right based on what you are being told. Be careful You might put yourself in a bad situation. Sometimes the best move is no move.

[WinningIsRelentless]

Sounds like you are already working on something they are working on. Probably best to let it go.

[MSUDeltadawg1971]

I work in Ag, I'm a product manager/regional sales Manager, based off their take I could never change jobs. In this industry it happens everyday, heck, we hired one of there sales reps a few months ago.

[WinningIsRelentless]

I work in Ag, I'm a product manager/regional sales Manager, based off their take I could never change jobs. In this industry it happens everyday, heck, we hired one of there sales reps a few months ago.

Did you have an attorney review it before you signed it?

[MSUDeltadawg1971]

I did, he said it states basically what I stated up top, "due to my position I will have knowledge of customer list, prices, profit margins and proprietary information. That I will not take customer list, price info, data whether written, digital or any other form and use it against the company to cause a financial lose. Then it states that it does not apply to information which is general knowledge or known to the public." He basically explained it to me years ago, it's like working for KFC and going to work for Popeye's, you can't take the 21 herbs and spice recipe with you. You have to keep your mouth shut and they have to hire you for your talent and not to try and gain an advantage on your previous employer by gaining inside information such as future products, formulation info etc. He's no longer in business so I need to find someone else to see if we can work something out with their attorneys that makes them happy or I will just drop it. The opportunity is too good to just walk but I may not have a choice, I want to go out trying anyway.

I could understand if it were a non-compete.

[BoomBoom]

I did, he said it states basically what I stated up top, "due to my position I will have knowledge of customer list, prices, profit margins and proprietary information. That I will not take customer list, price info, data whether written, digital or any other form and use it against the company to cause a financial lose. Then it states that it does not apply to information which is general knowledge or known to the public." He basically explained it to me years ago, it's like working for KFC and going to work for Popeye's, you can't take the 21 herbs and spice recipe with you. You have to keep your mouth shut and they have to hire you for your talent and not to try and gain an advantage on your previous employer by gaining inside information such as future products, formulation info etc. He's no longer in business so I need to find someone else to see if we can work something out with their attorneys that makes them happy or I will just drop it. The opportunity is too good to just walk but I may not have a choice, I want to go out trying anyway.

I could understand if it were a non-compete.

yeah, find a lawyer that can lay out the finer points of what you signed and how they work in the real world. if it is as they said, that in effect it functions as a non-compete, best you can do is bring that up in future negotiations. if you have a Dem Congressman, you can also bring it to their attention. or your State rep. this kind of language is getting worse and worse, pushed on the States by corporate lobbyists. proper governance would make such language illegal, but we don't get much of that anymore. couch it in terms of you would be more inclined in the future to seek employment in a state that would protect you from such abuses, and you will be counseling others to that as well. for a half-decent rep that will get their attention.

it could just be that your prospective employer has gotten in trouble for shenanigans before, and shies away from even the appearance now.

you also may have just run into a pansy-assed weenie that won't do what is typically done in industry. a Bracky, so to speak. almost every industry has such language in contracts, and all of them poach talent to a degree.

[WinningIsRelentless]

I work in Ag, I'm a product manager/regional sales Manager, based off their take I could never change jobs. In this industry it happens everyday, heck, we hired one of there sales reps a few months ago.

Honesty it sounds like your kinda screwed with you position and the information you could hold.

[dparker]

Yup, "right to work" is only there to protect the businesses and not the people. I doubt you want to go this far but no compete agreements and confidentiality are starting to be overturned in court. For instance they are not enforceable in California (http://www.rhdtlaw.com/job-hopping-california-right/) and a few other states. So either find a job in one of those places or fight that particular one you signed is not "reasonable". Some examples being that it is only one sided for the company or that you were forced to sign it as a condition for employment. Either way it will be up to you to fight it since a hiring company will not want to accept the expense.

Is there a time limit on the confidentiality? For example, if its pricing information and the pricing information changes every 6 months, then maybe you can quit and let it expire then take the new position. It sucks in the short term but would probably be profitable in the long.

[ScottH]

Biggest challenge is their legal.

They have read it and think your current employer could have a colorable claim against you if you got go work for them.

That's a hassle to them. They don't want a hassle with a new employee and will move to next candidate.

It's no reflection on you. It's hassle avoidance on their part.

[MSUDeltadawg1971]

Thanks for the help guys. An ex boss that works for the same company told me that their lawyers are very conservative and don't really understand the agricultural market. They own several other businesses and this is just one of 10-12. He had a non compete and got attorneys involved and they eventually hired him. My headhunter wants to see if my attorney and their legal can come together and see if we can work it out, if not, it wasn't meant to be. Since my old attorney is retired someone told me to talk to Watson and Norris in Jackson.

I was told I was the only one on their radar by my headhunter and this was a formality. Maybe being told "if anything changes on my end" was code. Haha

[ScottH]

Best of luck.

Keep the board posted.

[Churchill]

Do not go to Watson and Norris....take my word