What to do if my employer has given me an employment separation agreement which includes a “Trade Secrets, Proprietary Confidential Info” section?

As part of the terms they indicate that I should inform future employers of this agreement for the next 2 years. The current employer also has right to send agreement to new employer. Is this standard procedure? Is there anything I should be concerned about?

Asked on July 24, 2012 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It doesn't matter whether this is "standard procedure"--if you agree to these terms, they are enforceable in this case, against you. There is nothing inherently illegal in the terms you describe.

If this is separation agreement, you presumably have the right to not sign it, but at the cost of giving up whatever severance or benefits they are offering you in order to sign it. (Note: if you are leaving employment, they cannot force you to sign this--all they can do is offer you an incentive to sign.) If you are comfortable giving those up, you could refuse to sign.


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