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LegalKnowledge, Attorney
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Is it legal in the State of California to make someone sign

Customer Question

Is it legal in the State of California to make someone sign a confidentiality agreement in discussion of a job?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
This is a current employee of mine, who told me he has been offered a job with a competing company. He claimed he has not signed a contract with the company as of yet, but did sign a confidential agreement and couldn't tell me the name of the company or the salary details they were offering him.
Expert:  LegalKnowledge replied 2 years ago.
Good morning. I certainly understand the situation and your concern. The situation does seem weird. I am saying this because the employee has no obligation to share with you anything, about the company he was offered a job with and the salary he is going to get paid, unless he wants to, since he may think it could result in you making a counter-offer, if you want to keep him. I know companies may have an employee sign a confidentiality agreement once they get hired, so that the business is protected and they secrets, ideas, work product, etc, is not stolen or discuss but I have not heard of an employer making a potential employee sigh something, agreeing to not name the company or salary they got an offer from. However, if the employee and the company agree to this, then it would be legally binding since they both agreed to it. Now, the company may be doing this in the event the employee declines to work for them, so they are not seen as trying to steal, recruit or poach your employees but an employee is able to work where ever they want. The employee is under no obligation to discuss anything about the potential job so even if they did not sign this, it would be at their discretion to share the information with you. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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