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have worked for a boat company for 15 years. I am in charge of the service department. I have been asked recently to sing a confidentiality agreement. In that agreement, it also said I could not compete with my present employer. I after refusing to sign it because of the non complete provision, they removed it. I still dont want to sign because I am scared that it might affect futher employment. The agreement talks about secrets and I dont know of any secrets. I just fix boats. If they let me go, can I collect unemployment till I get back on my feet? I have three kids and a mortage payment and I am a little scared. Any advise would help! THanks

2007-10-21 15:47:51 · 15 answers · asked by Sylvia 1 in Politics & Government Other - Politics & Government

15 answers

Contact a lawyer, Each state is different on the laws.

2007-10-21 15:50:51 · answer #1 · answered by camopaiser 3 · 0 0

Like the others said, it depends upon your state and do not resign. I would add that you should not sign any agreement now after 15 years. Talk to an attorney, but I doubt they can make you do that. I suppose they could fire you, but if they want you sign a confidentiality agreement, then they should know that if they fire you, then you will start looking for work with their competitors. What's more, they may be planning to let you go and just want to keep you from working for another boat company. Keeping their trade secrets might be just as good as a non-compete agreement.
If they ask you again, then ask them why they want this now after 15 years, are they thinking about firing you? Assure them that you will not resign, but if fired you intend to offer any employer ALL of your knowledge and skills.

You are a member of management and as such you can be fired.

2007-10-21 16:21:10 · answer #2 · answered by plezurgui 6 · 0 0

Hi Sylvia,

If you are wrongfully terminated, then yes, you can collect unemployment.

As to the "Could not compete with my present employer", it seems the company does not allow their associates to work for another company that offers the same types of service: Fixing boats.

I wouldn't worry about you future refrences.
Fifteen years is a solid work background.
There would be plenty of companies that would be willing to look at your resume and be interested in what you can do, and that is fixing boats.
They look for potiential candidates with strong work backgrounds: knowledge, experience, communication and team building skills.

One thing I have learned from companies that have great associates, is that they will revise a form such as a company agreement to have their employees sign it.
It's their way of not wanting to have the employees use the knowledge they have gained and move on to better and higher paying positions with another company.

You have the right (and please do so, so there will be better communication and understanding with you and your personell dept.) to ask questions you have concerning the agreement.

Remember, an agreement is something that "both" parties have to agree.
If one does not agree, then the agreement is void.

You may also want to call your local unemployment agency and talk with them.
They are good about answering questions about layoffs, terminations, company contracts, and unemployment benefits.

Good luck.

2007-10-21 16:07:41 · answer #3 · answered by Gary U 3 · 0 0

While I'm not a lawyer, if there's nothing in there that states you you can't work for another company after you leave that one, then there's no reason NOT to sign it. The non-compete statement's been taken out, and it's common with companies to have their employees sign those types of things.

Depending on the state, yes, you should be able to collect unemployment. No problems. :)

2007-10-21 15:52:08 · answer #4 · answered by AvalonA 2 · 0 0

depends on state here in vermont if u are fired for any reason except commiting a crime u get it. New York its only lay off or radical job change. Take copy of agreement or to legal aide or lawyer and see what they think. My advice sign it keep ur job u can always agrue ramification later cause even if u get unemployment its a portion of ur salary for a set time period no health benefits and if fired for not signing ur may not get good reference. Its probably some standard bs eveyone has to sign.

2007-10-21 16:07:37 · answer #5 · answered by Anonymous · 0 0

No. Signing such a confidentiality agreement is a requirement of your continuing employment. Refusing to sign is a violation of co. policy and you would be discharged for failing to comply, something which YOU would have control over. you;d be unemployed through your own actions..
I suggest you sign it and quit worrying about what MIGHT happen rather than what WILL happen.

2007-10-21 16:39:33 · answer #6 · answered by TedEx 7 · 0 0

Never sign any agreement without consulting an attorney. Most give a free consultation. The fine print of signed agreements are just that "fine print". Most just sign anything in a manner of yada yada lets get this over with. Get an attorney opinion. Many do it free on the first consultation.

2007-10-21 15:53:31 · answer #7 · answered by hbuckmeister 5 · 0 0

Secrets most likely refers to the idea that you cannot go work for another boat co. and divulge any of your current boat co.'s operations. This shouldn't be a problem since, as you say, you just fix boats. I would read it again, sign it barring any other problems and continue to work there. They just want to protect their investment and, by not signing, you are implying that you will in fact tell others about their operations/tricks of the trade, etc. If you have no intention of doing this, then sign the paper.

2007-10-21 15:54:57 · answer #8 · answered by Anonymous · 0 1

I think so...they're forcing you to go into a contract after already being employed by them. Their refusal to let you work there unless you sign the contract would allow unemployment...at least I think that it should. That really sucks, by the way...

2007-10-21 15:51:54 · answer #9 · answered by Amanda M 5 · 0 0

If you like your job, sign the agreement. They are most likley concerned about who your clients are, not the materials and techniques that you use. So unless you are insales or could steal computer sofware or data, you should be good.

2007-10-21 16:06:38 · answer #10 · answered by Whoa_Phat 4 · 0 1

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