Q: Can the Company file lawsuit against employee regarding disclosure of invention after I submitted all information?
* I voluntarily resign a startup company of technology around 15 employees in bay area California, US, due to unfairly treating and bullying me.
* I signed at the time of onboarding, AT WILL EMPLOYMENT, CONFIDENTIAL INFORMATION, INVENTION ASSIGNMENT, ARBITRATION AGREEMENT.
* They processed the resignation after an exit meeting and they didn't request anything.
* I saved all experimental data and regularly distributed reports in their server.
* They suggested to reconsider the resignation with promotion for one week, finally I declined it.
* Lawyer representing the company emailed me to disclose any information requested by the Company and comply with the Company. Otherwise, the company will make lawsuits against me.
*They insist to send a declaration under penalty of perjury like below. Do I have to do it? That is very inequivalent to me.
A:
As unfair and uncomfortable as it may have been, bullying and intimidation are not unlawful in the workplace. However as an at will employee you had the right to leave employment at any time and for any reason or even no reason at all, unless you signed an agreement promising to give a certain amount of notice of your intent to leave.
As to the employer's right to seek out information that may still be in your possession, much of that would have to be based on the documents you signed. An attorney would need to be able to review that documentation. That said, it is not unusual for an employer to ask for a declaration to confirm that you have deleted all information off of your personal devices, and that you have turned over all data in your possession. If it is true, there is probably nothing to worry about signing that declaration. Your refusal to sign it would be a red flag for the employer that you have not done as stated in the declaration.
Before you do anything it would be wise for you to have a specific, confidential consultation with an employment attorney who can be allowed to know much more, and who can review the relevant documents.
Good luck to you.
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