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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36990
Experience:  30 years in Employment law
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I currently work dog walking company in California. My

Customer Question

I currently work for a dog walking company in California. My employer has just handed me a "Confidentiality, Nondisclosure, and Nonrecruiting Agreement." While I think I understand and completely respect the intent behind it, to protect her business. I'm uncomfortable with this section:
7. Termination of Employment. If employee's employment with Company is terminated for any reason, whether voluntarily or involuntarily, Employee shall promptly:
d. Allow Company's representative to inspect Employee's personal desktop computer, laptop computer, [etc] to determine whether any of Company's Trade Secrets or Confidential Information reside on that computer and to remove any Trade Secrets.....
Is this legal? Is it enforceable? Can I ask for this clause to be removed from the agreement? Is it worth my efforts?
The other section that bothers me is the Covenant Not to Compete During Term of Employment. I've discussed this with my employer about specifics (I'd like to take on extra boarding clients when it doesn't interfere with my current duties for her company, and she says this is okay in general.) The document doesn't allow for this in any capacity.
Is this worth asking to be changed? Is it my responsibility to come up with alternate wording? Can I opt not to sign the document as it is? Is it legal to be fired for not signing it? Or not signing it by her deadline (tomorrow)?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.
I would not sign this.It is totally one sided and will be used to keep you from taking on other animals or working for someone else.As far as I am concerned this is a deal breaker.It restricts and traps you here.Either this gets ,modified to something you can live with or don't sign here. She can fire you here, you are an employee at will.But she could do this after you sign it and you are restricted here and still out of a job.Even if you have to look for new employment signing this would lock you in here for a job.It is not worth it, either she modifies this totally to something you can live with or you don't sign it.It really isn't worth it in my opinion to keep your job, she can fire you once you sing.I am wondering if this isn't her real motive here.She may think you are leaving to start your own business. I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
If you don't sign this it would not be enforceable here.The right to search your lap top is ridiculous and insulting in my mind here.Consider refusing to sign it and make her fire you.File for UI benefits claiming you were constructively terminated.