If I sign a confidentiality agreement after termination, is the employer allowed to state that I was terminated if asked by a future employer?

If I sign, do I have to state that I was terminated on job applications?

Asked on November 9, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what the confidentiality agreement says. If it does not restrict what the employer can say, but instead, for example, only restricts what you can say, then if you were in fact terminated, they can say this. Whether you should yourself indicate that on job applications is a judgment call you have to make--you are advised to seek the advise of a recruiter or career coach about the best way to describe the end of your employment, bearing in mind that if you were terminated, the employer would be, subject only to any provisions in the confidentiality agreement, be allowed to say that you were terminated.


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