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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27887
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hi, I have received a notice of "Duty of Non-Disclosure and

Customer Question

Hi,
I have received a notice of "Duty of Non-Disclosure and Confidentiality" from a Law Firm in CA. It says as below. The letter is date Feb. 11, 2013.

Quote:
We are counsel to . We understand that you were employed by from March 2010 through the time of your resignation in or about December 2010.

As you are well aware, while you were employed by , you had access to confidential and proprietary information. This information included, but was not limited to, customer lists, contract terms, methods of operations, marketing plans, software specifications, software codes, functionality and financial information. As you are further aware, you signed an Employee Proprietary Information, Confidentiality and Assignment of Inventions Agreement (the "Confidentiality Agreement"), which prohibits you from, among other things, divulging, discolsing or communicating to any person, firm or corporation any of confidential and/or proprietary information.

We write to remind you that, under applicable law and under the terms of your Confidentiality Agreement, you are required to keep all such information confidential and not to use it to the detriment of . In particular, you may not use such information for, or disclose it to, any new employer that is or may be a competitor of . Any unauthorizes disclosure or use of confidential information will result in litigation against you and/or your new employer. Furthermore, be advised that the solicitaiton of any existing customers, currently under contract with , may constitute tortious interference with confidential relationship and could furhter subject you and/or your new employer to liability. Request is hereby made that you confirm to the undersigned, within ten (10) days of the date of this correspondence, that you have not, and will not, disclose or use any confidential information, of , nor will you interfere with the existing contractual agreements.

We firther understand that you are in possession of an company laptop which contains confidential information. We hereby demand that you return such laptop immediately. Moreover, to the extent you may have taken any additional documents, records, information, software or other property of , you are further required to return such items immendiately. Should you fail to comply with this request within ten (10) days of the date of this correspondence, will not hesitate but to bring a civil acation against you and to seek any and all remedies available to it.

Unquote.

First, I would like to give some facts related to this employment and I want your suggestions to reply to this law firm notice. I'm an IT Consultant.
1. No laptop was ever given to me by the company (and hence having access to "additional documents, records, information, software or other property" of the company doesn't exist).
2. I was employed by the company as a full time employee in March 2010 and was put to work on a project at a client's site (a different premise alltogether). The project got completed on December 31st, 2010. Being a full time employee, I statrted coming to office of my employer where there was NO seat assigned for me. I used to sit in their Conference room, using my own laptop and NO work assigned to me by them. This went on for three months during which the company was looking for some other client(s) where they can send me to work. Not seeing any thing coming on my way, I decided to move on and joined another company and they immediately out me on a project outside California. I never resigned from the previous company, rather they revoked my work visa.
3. The company is trying to harass me since an order of DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARD ENFORCEMENT for payment of pending wages is outstanding which is in my favor.
4. I want to send a reply to the law firm in a way that they should not send me a next letter.
Please let me know if you need any other information or if you have any questions for me.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

First of all, there is no legal requirement that you acknowledge or sign anything for this employer's attorneys. This is pretty much a standard letter that is sent to may employees like yourself, when they leave employment. It is the employer's attempt to nip any violations in the bud, before they occur---through a recitation of the their rights, your obligations and a threat of suit.

However, as they have indicated that they believe you to be in possession of one of their computers, you will want to respond in writing and deny that fact.

Remind them that you were provided with neither a computer, office, and aside from working at a client site for a period of time, you handled no other projects for them, and you have no company documents or records.

Consider simply stating, that you have not and will not disclose any information you previously agreed to keep confidential---and leave it at that.

Consider also stating that the false and defamatory allegations, amounting to theft of company property, are considered harassment and retaliation for you having made a lawful claim with the DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARD ENFORCEMENT, and that you will immediately file a formal complaint of retaliation if they continue with this harassment.


You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.


I wish you the best in 2013,

Doug
Customer: replied 1 year ago.


Hi Dough,


Do I need to contradict their claim that I had resigned "in or about December 2010" in my letter to attorney?


 


 

Expert:  LawTalk replied 1 year ago.
Good morning Pramod,

While it is not a legal necessity that you contradict the date of separation they attribute to you, it is nevertheless a good idea that you correct any historical errors they have made and attributed to you or your tenure with the company.

It is best if any communications you have with the attorneys or your previous employer, you are accurate in your facts as regards XXXXX XXXXX employment.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested.

I wish you the best in 2013,

Doug
LawTalk, Attorney
Satisfied Customers: 27887
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Pramod. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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