Am I legally obligated to sign one of these when I’m leaving a small company? We don’t have HR so I’m not sure who else I can talk to in the near term

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Usually you sign something saying you’ll do this stuff when you join rather than leave. No obligation to sign I don’t think but again there shouldn’t be an issue with what they’re asking

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In these type of questions, it's always better to talk to a lawyer.

That being said,you're not obligated to sign it, but there may be some contigency linked to the signature (like a severance package).

So there might be some benefit from signing the document. Up to you (and your lawyer) to decide if it's worthy it

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Unless there is severance or some kind of non-wage payout you're expecting, the company has no way to force you to sign anything like this. Paragraph 1 seems pretty normal to sign even at departure. But 2 and 3 sound more like pre-hire confidentiality agreements.

likefunny

No one can force you to sign anything, but as others have mentioned there may be contingencies. If you don’t want to sign it and they hold back a paycheck or anything, contact an attorney.

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This is standard in all consulting companies. Usually this language is included in employment agreements, and most likely you have already signed something similar earlier also. Every employer is well within its rights to protect its property including artifacts you worked on. If you don’t sign, they will most likely hold your paycheck and/or deem it grounds to initiate legal action.

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Completely false. They will not hold your paycheck

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Call an employment lawyer and talk through implications of not signing. If you don’t sign, can they send your a formal letter after your departure? Can they audit your laptop and go after you if they find out that you took decks with you? I’ve heard nasty stories but all of them were at senior ranks.

Depending what's in your handbook or contract not signing this document could give them the right to withhold your last paycheck, PTO pay out and other things you might be entitled to on separation..

Funny, I made our IT guy sign a sticky note with the serial numbers of everything I returned and took a photo of him in the IT bay with the sticky note because my previous firm was so bad with asset control and charging people for unreturned electronics when they left.

He was totally game to pose for the photo too. It was one of my favorite things to do my final day. Badge, external monitor, laptop, cable lock I never even opened the package on, backpack I never used, and all the extra company branded swag bundled up in the unused backpack - here you go, it’s all yours!

likefunny

Any company that tries to get you to sign something as you leave is purely doing it for their benefit. This is a business transaction - you are giving away your rights for free at best to maintain good will.

You’re (most likely) an at-will employee, you don’t need to sign anything when you leave unless noted in your initial contract - and usually this is just to certify the same language. (Note, that agreement is likely included in your initial contract anyways - obviously don’t break any agreement you already signed and adhere to confidentiality)

They can’t hold your paycheck or PTO. Don’t sign this.

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