Confidentiality agreement question

Travel

Travel

New Member
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.
 
You might wish to speak to a lawyer FACE TO FACE, as in person.
 
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.
 
mightymoose said:
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.
Click to expand...
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
 
IF you have returned everything that you took, then IMO it is unlikely that they will take any further action.
 
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.
 
mightymoose said:
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.
Click to expand...
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 said:
Can the company pursue legal action against me based on the breach of the signed NDA agreement?
Click to expand...

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?
 
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.
 

Share this page

Get a free case review from a lawyer
Back
Top