I was given a non disclosure agreement for a severance package

UPDATED: Oct 1, 2022

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I was given a non disclosure agreement for a severance package

I believe I was unlawfully terminated, no previous write ups. Stated drop in
sales, which was not accurate, and customer complaints, not documented.

It is going on three weeks, with my earnings still not paid. Hostile work
environment. Is the non disclosure binding?

Asked on July 23, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A nondisclosure agreement is a contract. For a contract to be enforceable, each side must give the other "consideration," or something of value. You give the employer a promise to not compete; they typically give you employment in return. When you quit, because employment was still available to you, the agreement is still binding; but if you are terminated or fired, they took the consideration away from you--you are no longer receiving something of value in exchange for not competing. Therefore, when the employer lets you go, the agreement no longer binds you because you are not receiving consideration to create a binding agreement.
However, if you had received something other than employment in exchange for not competing, like a bonus or stock for signing the noncompete, the agreement would still be binding even after you were terminated, because you received something of value for your agreement to not compete.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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