Situation:
After 25 years of employment I was downsized, I was provided with a $50K severance package dependent upon my signing a Separation Agreement.
The separation agreement states
ASSOCIATE AGREES THAT THE EXISTING EMPLOYMENT AGREEMENT WHALL REMAIN IN FULL FORCE AND EFFECT.
ASSOCIATE AGREES THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT ON A LIMITED NEED-TO-KNOW BASIS. tHIS MEANS (BY WAY OF DESCRIPTION AND NOT BY WAY OF LIMITATION) THAT DISCLOSURE TO ASSOCIATE'S SPOUSE, ATTORNEYS OR ACCOUNTANTS IS SPECIFICALLY PERMITTED.
It goes on to say associate will not make negative comments, disclose any confidential information, trade secrets, etc.
Questions:
CAN I BE HELD TO THE EMPLOYMENT AGREEMENT?
I do not have a copy of it (signed in 2007) and the company will not provide one. Though I did not sign a separate document of "non-compete" there is terminology in the employment agreement like 'WILL NOT CAUSE DETREMENT, WILL NOT WORK IN CONFLICT OF INTEREST OF THE COMPANY' and the like.
A future employer (competitor of the past employer) is courting me heavily, I have applied for many, many jobs out of the industry, but have been unemployeed since June 2009. How can my past employer prevent me from earning an income?!
CAN I SHOW THE DOCUMENTS TO THE FUTURE EMPLOYER?
Because the past employer is widely known for his strong legal team and preference to litigate rather than negotiate, the future employer is asking to review the signed agreements before deciding if it's "worth the battle" in other words forcing me to divulge the contents of the agreements.
I could use some advice here
After 25 years of employment I was downsized, I was provided with a $50K severance package dependent upon my signing a Separation Agreement.
The separation agreement states
ASSOCIATE AGREES THAT THE EXISTING EMPLOYMENT AGREEMENT WHALL REMAIN IN FULL FORCE AND EFFECT.
ASSOCIATE AGREES THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT ON A LIMITED NEED-TO-KNOW BASIS. tHIS MEANS (BY WAY OF DESCRIPTION AND NOT BY WAY OF LIMITATION) THAT DISCLOSURE TO ASSOCIATE'S SPOUSE, ATTORNEYS OR ACCOUNTANTS IS SPECIFICALLY PERMITTED.
It goes on to say associate will not make negative comments, disclose any confidential information, trade secrets, etc.
Questions:
CAN I BE HELD TO THE EMPLOYMENT AGREEMENT?
I do not have a copy of it (signed in 2007) and the company will not provide one. Though I did not sign a separate document of "non-compete" there is terminology in the employment agreement like 'WILL NOT CAUSE DETREMENT, WILL NOT WORK IN CONFLICT OF INTEREST OF THE COMPANY' and the like.
A future employer (competitor of the past employer) is courting me heavily, I have applied for many, many jobs out of the industry, but have been unemployeed since June 2009. How can my past employer prevent me from earning an income?!
CAN I SHOW THE DOCUMENTS TO THE FUTURE EMPLOYER?
Because the past employer is widely known for his strong legal team and preference to litigate rather than negotiate, the future employer is asking to review the signed agreements before deciding if it's "worth the battle" in other words forcing me to divulge the contents of the agreements.
I could use some advice here
