Asked in Contracts and Employment Law for California

Q: I quit my job and they expect me to sign a NDA. Am I obligated to sign if the handbook I signed when I started said so?

The NDA is very broad, and has no time limit and includes some heavy language regarding financial recovery. I'm in a creative field that basically experience (and being able to talk about it) is really important. I'm concerned this will severely limit me in the future. As it is they already refused to pay overtime owed/made me change my timecard to remove OT.&I need them to sign off my hours worked for pro. license.

This is the clause from the employee handbook I signed at the start of my employment:

"To assure the confidentiality of certain projects, any and all employees (Part-time, Full-time, Contract), upon at will or not termination, would require to sign ‘Former Employee Non-Disclosure and Confidentiality Acknowledgement for [company name redacted]’. This two page document is referenced as Exhibit - A in this Handbook. If you have any question or concern to signing it, please inform your supervisor / Owners immediately"

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Once terminated you cannot be compelled to sign anything. If they wanted you covered by an NDA they should have had you sign one as a condition of your employment. A handbook statement is not a binding contract that can be enforced by breach of contract or specific performance remedies.

Good luck to you.

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