Confidentiality Clauses and More

[defrocked]

So my job just issued everyone brand new employee handbooks for everyone to look over and sign, and one of the new additions is a confidentiality clause. That alone doesn't really bug me, since they're becoming more common, but along with it is a clause that upon termination for any reason, we cannot work for a company considered to be a competitor for a period of 36 months. Furthermore, we must furnish my current company with my any new employer's contact information so they may get in touch with them to ensure I'm not breaking my confidentiality clause.

Apart from the obvious problems they'd have enforcing their own clauses, is there any legal basis for them requiring us to let them know our new employers? Say they fire me; they then get to say who I can and cannot work for? Tell me that wouldn't actually hold up in any legal proceedings.

[MoTown]

That can't be legal. I know in my business there are companies that have non-compete clauses, and even if you take them to court, they'll hold the case so long that it's a moot point. My guess is that it's the same with your company. You could take them to court but that would probably hurt you in the long run.

But I'm not exactly a legal expert.

[Big Swami]

Just go ahead and sign it. In Michigan, it's pretty much unenforceable.

[Uncle Mxy]

http://www.mitechnews.com/articles.asp?id=4737

[defrocked]

Great read. Exactly what I was looking for. Thanks, Mxy.

[Uncle Mxy]

http://hbswk.hbs.edu/item/5628.html

[Tahoe]

Just go ahead and sign it. In Michigan, it's pretty much unenforceable.

Thats what I've understood too. I've been involved in these things a couple of times and had an attorney look at it. He said sign it with a smile on your face, its unenforceable.

[Big Swami]

The downside of it is that even though it's unenforceable, if a company really wants to be dickish about it and pursue you legally for violating it, you're going to have to spend lots of time and money with lawyers. It's not likely the company would ever win a lawsuit, but beware if they really want to punish you.

[Glenn]

You guys ever seen Mamet's "The Spanish Prisoner"?

Good flick, with a confidentiality clause at the center of the storyline.

We should have a David Mamet appreciation thread here.

[Zip Goshboots]

I've seen that movie, Glenn.