Confidentiality Statement

I signed a confidentiallity agreement with a company that I am working for that states " During employement with X company, employees may be exposed to certain information of a confidential or proprietary nature. It is crucial that the confidentiallity of all such information be maintained by all employees, and that there be no disclosure of such information for personal gain, advantage, or otherwise. Such information must not be disclosed to anyone outside X company, or to any X company employee who does not have a need to know such information.

Such information includes, but is not limited to, financial information, organizational changes, employee rosters, and telephone directories, client lists, identity of X companies suppliers and subcontractors, prospective or existing projects, pricing information, marketing and sales information, business plan, proprietary informatin and personnel matters including personnel and payroll records of past and present employees.

Strict observance of this policy by each employee is of the utmost importance to fellow employees and for the continued success of X company. Violation of this policy may result in disciplinary action up to and including immediate termination.

I am currently on maternity leave and have contact one of the clients that I serve and they want to give their account to me to manage outside of the company that I am working for. Their contract expires June 1st of this year but has a 45 day termination clause without the need to give any reason. In addition this client told X company that if I did not manage their account, they would take their business elsewhere.

Can X company sue me based upon the above confidentiality statement that I signed as part of my employee manual?

1 answer  |  asked Mar 13, 2007 1:31 PM [EST]  |  applies to California

Answers (1)

George Allen
Consult an Attorney

Answers to questions such as yours are very fact-intensive, and you should sit down with an attorney to discuss. Be sure to find an attorney who is familiar with this area of the law. Since the client appears to be very keen on you, consider getting explicit written permission from your employer to do this work, with the understanding that you will try to have the client return as a client of your employer when you return from maternity leave.

posted by George Allen  |  Mar 13, 2007 1:52 PM [EST]

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