Nutley, NJ asked in Business Law, Contracts, Mergers & Acquisitions and Employment Law for New York

Q: Am I violating my separation agreement by giving a statement to Company A's legal team regarding events at Company B?

I worked at Company A, which was acquired by Company B. Post-acquisition, Company B terminated my employment. My separation agreement with Company B states I cannot make damaging or false remarks about the company or related parties, though I can respond to legal inquiries. Company A's former owners, now suing Company B, have asked me for a statement about events at Company B, but no subpoena has been issued. Company A is mentioned in the separation agreement contextually but isn't a party to it. I'm also bound by a separate confidentiality agreement. Am I violating my separation agreement by giving this statement?

2 Lawyer Answers

A: I would certainly speak with an employment lawyer, if you cannot avoid rendering the statement. If in fact, you are under a contractual obligation to not divorce, confidential information and you end up doing so then you might be in violation of such obligations and subject to whatever penalties could be imposed. So I would certainly speak to a employment attorney because it's all about the detail details in particular about what type of information and the language.

A: "Respond to legal inquiries" but no subpoena? Consult counsel.

Jack

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