I recently accepted a job offer. One stipulation of the offer is that I "have fully disclosed...any...non-solicitation...agreement...to which you are a party...(and which you are permitted to disclose)".

My current employer has an employee agreement which includes a non-solicitation clause. However, it also says I may not share confidential/proprietary information (which I believe this agreement would fall under).

My understanding is that I am not permitted to disclose my agreement with my current employer, and thus am not required to and should not disclose it to my new employer. The non-solicitation agreement does not interfere with any of my duties either. Am I missing anything?

  • 1
    @JoeStrazzere The agreement is labeled confidential. – Human Feb 2 at 20:34

In most scenarios, "confidential/proprietary information" would typically mean company trade secrets, such as internal system knowledge, unannounced projects, contracts with 3rd-party clients, etc. That would typically not include employee non-compete/non-solicitation/non-disclosure agreements.

You should be able to tell another company that you have an NDA from your previous company, and if asked about anything specific about your former company, you can tell them something like "I can't tell you that due to my NDA."

If you have any questions about the specifics of what you can and can't share, though, you should consult a lawyer.

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