San Francisco, CA asked in Employment Law and Business Law for California

Q: Can your employer make you sign a non disclosure when you quit or leave?

My boss just announced to everyone at the company if we leave or quit we will be required to sign a non disclosure agreement. Do I have to do this??? Is it illegal not to??

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3 Lawyer Answers

A: Your employer can require that you sign a non-disclosure agreement as a condition of employment. Once you are terminated you have no duty whatsoever to sign such a document. Good luck to you.

Brad S Kane agrees with this answer

A: No. An employer cannot require you to sign a non-disclosure agreement, when you are fired or quit. If an employer wants to you voluntarily sign a non-disclosure agreement, the employer must provide consideration such as a severance payment.

However, an employer can require you to sign a non-disclosure for as a condition of employment, but it cannot prohibit you from disclosing illegal discrimination and harassment or illegal conduct.

James L. Arrasmith
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Answered

A: In California, employers can ask you to sign a non-disclosure agreement (NDA) when you leave or quit a job. This is typically done to protect confidential information and trade secrets that you may have had access to during your employment. The request itself is not illegal.

However, you are not legally required to sign an NDA. If you choose not to sign, your employer cannot force you to do so. They may attempt to persuade you, but it's ultimately your decision whether to agree to the terms presented.

It's important to carefully review any NDA before signing. These agreements can have significant implications for your future employment and your ability to discuss your previous job. Consider seeking legal advice to understand your rights and obligations fully.

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