324

Rationalise it anyway you want, but it's still blackmail. You have plenty of legal recourses specifically made to protect your rights to be paid that don't include playing games with other people's property.


216

You tell them: "The terms of your NDA look to me as if you could sue me for NDA violation, and I would have to cover all the legal fees, even if it was shown that I haven't done anything wrong. As it is, I couldn't possibly sign this NDA. I would suggest that you change it to something that is acceptable". You don't sign anything that looks dodgy to you. ...


156

I think you are right to be concerned. Your employer is asking you to falsify documentation for them that introduces an element of risk on your part and has no potential for anything beneficial for you. Worst case scenario you are held accountable for something you did not realize was a problem or did not even do. While the best case is nothing changes. ...


130

Short answer: no. Using these documents in a dodgy way (though you don't say what you want to do with them) is probably illegal and you will seriously damage your legal standing, to the point that you might have to pay damages yourself. Don't do it. If your employer doesn't pay you, they're the ones breaking the law. Take the legal route, find some free ...


126

They had me sign a very specific NDA where I could not state location, details of diet, heath, salary...not even disclose WHOM I WAS WORKING FOR. That's not as outrageous as you seem to be making it, I can't imagine that anyone hiring a personal chef would want that person to go on and put on their resume: "I worked for XYZ FAMOUS PERSON and had to ...


122

I'm sure this isn't what they meant. No, I assure you. That's what they meant. Just strike out that clause, or modify it, initial it and date it (but do not sign it yet). Then return it to them, highlighting the change you've made, so they can countersign the change or issue you a new NDA. And be sure the NDA also has a reasonable expiration date on it. ...


84

It sounds like there was a serious disagreement between your former coworker and the company and they came to a mutual agreement to part ways with the understanding that neither party would discuss the actual reasons. Your manager may have been a part of the conversation or they might not have been. Either way, it's pretty clear that you're not going to get ...


71

This is a common problem, and there is a common solution: Write something. Make up a fake company in your head. Find a business problem it needs solved with software, and solve it. Show them that code. Explain your NDA's and confidential information. No one is looking for company secrets. They are looking to see how you organize your thoughts in ...


51

You should carefully assess risks of signing any legal document without running it by a lawyer. (That is to say, what will happen if you sign it without understanding what exactly you are signing.) You run the risk of screwing yourself for a good, long time if you sign something without understanding the risks and weighing them carefully. A good lawyer can ...


46

I'd say it doesn't matter if it is fussy or not, if that NDA is as you think it is. More importantly, show to a lawyer and ignore anything that any of us say.


43

You have two entirely separate issues. If you mix them together, it will be harder to address them. The lack of pay is probably illegal. You should talk to the labor department for your state if you live in the US. Other countries usually have a similar agency; consult a lawyer if you are unsure where to go. Signing the NDA may be a requirement for keeping ...


38

Make a small project of some sort and show them that code. No one expects you to show code that is owned by your previous employers, in fact I would be very worried if you did and I was interviewing you. Some people work on small open source projects for this very reason. It's less the code itself they're interested in, than the way you write it. I'm not a ...


32

It's reasonable and insightful for you to hesitate at the back dating of the non-disclosure agreement(NDA). By signing it in its current form, you would be opening yourself up to any of the punitive actions outlined for the entire period. The best way to move forward would be to ask your employer if there is a specific reason for back dating it; it may be ...


31

In the US, it is very common for corporations or other entities to sign NDAs - for instance, a manufacturer may sign one with a vendor or supplier they use. The NDA exists at a corporate level, and each entity it's signed on behalf of is responsible for enforcing any terms they've agreed to. In other words, your employer is responsible for things your ...


30

Generally speaking is it okay to at least tell those questions to your friends who are applying at the same place? Generally speaking - Yes, it's okay to tell your friends the questions you were asked during an interview. Remember that not all interviewees get asked the same questions, though. And remember that you may not have understood the question, or ...


30

If a company hires me and tells me to work on my own laptop, and then makes me sign a non-disclosure agreement: who owns my code? do I get to re-use it? what exactly falls under the scope of the non-disclosure agreement? You're confusing a non disclosure agreement (an agreement not to disclose business information to outside parties) with intellectual ...


30

From various points in your posting it is clear that you are missing information and would like more. You will need to accept the fact that you don't have a right to that information and it would be wrong of your line manager to give you that information, since it is private about that other employee. With respect to trusting your manager based on the ...


28

Most NDAs forbid disclosing details about the project or work that you've performed, or otherwise exposing proprietary information. Even though some may try, they can not prevent you from discussing your work in broad terms. For example if you developed a web service API for the government under security restrictions and an NDA you couldn't (and shouldn't) ...


28

Keep it simple: Personal Chef: June 2016 - January 2020 Cannot disclose details due to NDA Worked in a southern state for an athlete. During your interview just make sure to stick to the generic explanation outlined above and focus on your overall skills as a chef. The interviewer might not like it so they'll have to choose whether to believe ...


26

Pay for your own lawyer to review it. Don't ask the company to keypoint it for you - that will come across as naive at best. The company will simply say "it says you can't tell anyone else about the work you do for us." The company has a vested interest in making the contract is as bullet-proof as possible. If you have concerns hire an ...


25

One possibility I haven't seen covered is the chance this is an honest mistake. In other words, they grabbed their standard NDA, which was last updated two years ago (it is possible others have signed without checking the date, or didn't care). If you haven't received any word on this front yet, then it might be an option to just say "I have read the NDA ...


20

In my experience as an owner of a company that does the majority of our work as a contracted team, I can tell you that this is very common. They handed you a boilerplate agreement and chances are a good percentage of people just sign it and hand it back, which is a bonus for them. That said, they are absolutely aware that the passage exists and that some ...


19

Probably not. Ideas are a dime a dozen; the value is in executing them. If you have a patent to market that might be a different matter, but even there it's more likely to help your job search because it looks good on your resume than as part of an explicit deal. My father screwed himself over bigtime by making exactly this mistake with his invention. He ...


18

You can still put the job in your resume, however instead of a detailed description, you would put a disclaimer like "Unable to disclose due to legal reasons". This will alert whoever is reading your resume that you simple cannot discuss the details, but you were still employed. Its better than having a large gap in your resume and having a generic job ...


17

The NDA will let you know whether you're allowed to disclose that you've signed it or not. I've had some that prevent me from disclosing the client's name or the existence of the relationship. However in asking whether you can show the NDA, you're asking the wrong question. You are asked if you have signed something that would limit your ability to work for ...


16

Do not sign it. Employers use NDAs to retain intellectual property, but the time to sign is during the on-boarding process. As you no longer work there, regardless of it was a day or a year, signing this gets you nothing and can only increase your liability. You say you disagree with terms. Absolutely decline.


16

Let's assume your company has signed an NDA, and the NDA says specifically if they release any of the covered material, they have to pay a $100,000 fine. And you release that covered material. Can you see how the company would take you to court, and how a judge would make you pay that $100,000? As an employee, you have a duty not to cause damage to the ...


16

As a person working in ad agencies and peripherals and marketing: This is fishy (as in fish that eat excrement) I've seen dozens of "competitions" that had the same mumbo jumbo and people who participate (but didn't win) seen their ideas used next year by the company. For free. They don't need to protect their clients. They can give you a task for ...


16

One other thing I'd suggest (as a fellow independent contractor): Get yourself a Professional Liability and General Liability insurance policy, or their equivalents in your country. They can help protect you in the event that a client attempts to sue you.


15

One can't answer what exactly an NDA covers in your specific situation without knowing what the NDA says. As a general rule, and NDA covers anything deemed proprietary trade secrets, systems, processes and potential products. Anything proprietary to your current employer which you have the potential to take with you in the form of insider knowledge and ...


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