1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Confidentiality agreement question

Discussion in 'Employment, Labor, Work Issues' started by Travel, Jun 16, 2019.

  1. Travel

    Travel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Illinois
    I was employed by the organization in the education industry and while employed made a copy of the few training curriculums. These copies were not shared with anybody or used in any way to compete with the company but only for my personal enrichment. Company requested to return the materials which I did. Can the company pursue legal action against me based on the breach of the signed NDA agreement?
    In the contract, it was stated that I can not retain any confidential information, but the information I copied was not marked as confidential.
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,404
    Likes Received:
    4,841
    Trophy Points:
    113

    You might wish to speak to a lawyer FACE TO FACE, as in person.
     
    Travel likes this.
  3. Travel

    Travel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Do you have recommendations? or how do I find a lawyer that is specialized in this area?
     
  4. army judge

    army judge Super Moderator

    Messages:
    32,404
    Likes Received:
    4,841
    Trophy Points:
    113

    State Bar or County Bar Association website for starters, relatives, trusted friends might also be useful.
     
    Travel likes this.
  5. mightymoose

    mightymoose Moderator

    Messages:
    11,168
    Likes Received:
    1,878
    Trophy Points:
    113

    Perhaps I've read it wrong, but you intricate you returned materials upon demand. What have you retained that you are concerned about?
    It seems you are in compliance.
     
    Travel likes this.
  6. Travel

    Travel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    I did not retain anything nor did I share it with anybody. In the initial letter to me company lawyer is saying that they are 'yet still to determine' what actions they will take against me and I am just curious if they truly can do something as I am in compliance in my opinion
     
  7. cbg

    cbg Super Moderator

    Messages:
    8,284
    Likes Received:
    1,428
    Trophy Points:
    113

    IF you have returned everything that you took, then IMO it is unlikely that they will take any further action.
     
    Travel likes this.
  8. adjusterjack

    adjusterjack Super Moderator

    Messages:
    7,969
    Likes Received:
    2,061
    Trophy Points:
    113

    Can they?

    Sure.

    Will they?

    No way to predict.

    Would they win if they did?

    No way to predict.

    You'll just have to sweat it out.
     
    Travel likes this.
  9. mightymoose

    mightymoose Moderator

    Messages:
    11,168
    Likes Received:
    1,878
    Trophy Points:
    113

    It sounds like you are no longer an employee. They are likely out of options. The letter you received was likely intended to compel you to return whatever you had.

    If you aren't employed anymore, do yourself a favor and avoid further contact. You are not obligated to reply to their letters. Move on with your life and they will too.
     
  10. Travel

    Travel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Can you please elaborate on why being or not being an employee matter?
     
    Last edited by a moderator: Jun 17, 2019
  11. mightymoose

    mightymoose Moderator

    Messages:
    11,168
    Likes Received:
    1,878
    Trophy Points:
    113

    Termination from the employment is probably the worst consequence. If you are no longer an employee I'm not sure what you are worried about.
     
    Travel likes this.
  12. Zigner

    Zigner Well-Known Member

    Messages:
    2,333
    Likes Received:
    1,162
    Trophy Points:
    113

    Depending on the terms of the NDA, there are likely further possible consequences for non-compliance (all of them costly for the OP). However, since the employee has complied, I don't see that it matters.
     
    Travel likes this.
  13. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,830
    Likes Received:
    911
    Trophy Points:
    113

    Since we have no way of knowing what your NDA said, there's no way for anything here to answer this question (other than to say that anyone can sue anyone for anything).

    When you returned the documents to your former employer, did anyone suggest to you that you might get sued? If not, why are you worried about this?
     
    Travel and Zigner like this.
  14. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,068
    Likes Received:
    565
    Trophy Points:
    113

    Since we haven't seen the terms of your NDA, everything stated here is more general in nature about non-disclosure agreements, which by law are also usually restricted (and in some states unenforceable.)

    The attorney's job is to protect the interests of the company. Sending you a letter which keeps you worried about what the company might be able do to you is also likely to prevent you from doing something which may harm the company, whether or not you're permitted to do so. As a former company attorney, my concern would be on whether you really destroyed all copies of a document at home which could hypothetically still exist and be shared with a new employer. Your admission that you made a copy which you have at home is what might prompt greater concern although that doesn't necessarily translate into any greater action or action at all.
     
    Travel and hrforme like this.

Share This Page