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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5272
Experience:  Extensive experience representing employees and management
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Customer Question

I was laid off and the company offers a severence package for one month and of course I have to release all claims.
I would like to have a mutual agreement. I am a User Interface Designer and when I apply for a new job it is common to show examples of your past work. I understand that I cannot use files and documents I created for the company while I worked there since I signed a non-disclosure agreement. But I could recreate a lot of them from scratch just from memory and include it in my portfolio.

So I would like to make sure that they cannot sue me for a breach of confidentiality when I do that!
Would an amendment to the companies severence letter/ contract solve that and make it into a mutual agreement?
Could you provide that to me?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, an amendment to the agreement, stating that you will not be sued for breach of contract for using the work that you did would solve that potential problem.

Unfortunately, I can't provide you with a specific amendment, as that would constitute legal advice instead of legal information, but you can include a clause that states something along the following lines:

In consideration for this agreement, the employer releases the employee from the non-disclosure agreement for the limited purpose of allowing the employee to use samples of their previous work for the purposes of obtaining employment.
Customer: replied 2 years ago.
Sorry, but that answer just means: You have to find a lawyer for that to me!
Expert:  Joseph replied 2 years ago.
Please let me know if you have any additional questions.
Customer: replied 2 years ago.
Well, I read the answer like : "You need to get a lawyer", so that is what I did. He is going to review and rewrite my Severance Agreement to make it a mutual one.
Expert:  Joseph replied 2 years ago.
Thank you. Best of luck!

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Extensive experience representing employees and management