My SO switched jobs a couple of months back and today she received a confidentiality breach notice from her previous employer. The previous employer wants her to sign a confidentiality agreement. She is overwhelmed and unsure if she should consult a lawyer. Any suggestions how we go about dealing this situation

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Consult a lawyer. Never sign anything that you don’t understand fully without consulting a professional.

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Thanks

Honestly sounds like they messed up on their end. If it wasn’t part of the separation process or initial NDA/non-compete signed she isn’t obligated to do them a favor by locking herself into new terms. Unless they are threatening to sue her for breach of something she already signed, they have no leverage to force her to sign something new. Generally, companies get people to sign their exit paperwork by holding a separation bonus contingent upon them doing so. You sign, you get the money. You don’t sign, you don’t get the money but they can’t force you to sign it otherwise. Sounds like your SO has the leverage here. I wouldn’t sign it unless they are actually threatening legal action.

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I would also dare your SO’s former firm to prove anything. If it’s breach and not non-compete that they’re going after sounds like it would be hard to prove unless she left some messy digital footprints or someone will testify. Call them on the bluff.

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Agree - consult an attorney. If your SO were already obligated, the company would have reminded her of her obligations (confidentiality, non-compete, etc.) before she left. This is an odd situation, and she probably does need legal advice on the implications of signing/not signing based on the document sent to her.

Thanks. It’s her previous boss. She never liked my SO. Her ex-boss thinks my SO found a job and benefitted by using company confidential material and decks.

Ask a lawyer, not social media.

Yes, will do. From our perspective, we wanted to get a sense of the situation.

Did they say or imply why she should accommodate their request? Like what are they saying she breached? (IANAL so other responses are right - My experience is just usually there’s some obligation referenced)

If it’s in her employment agreement then why do they need her to sign something new? Feels fishy...Almost like they realized they forgot to make he sign something when she was leaving.

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