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Subject:
From:
Larry Medina <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Fri, 15 Feb 2013 08:26:10 -0800
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On Fri, Feb 15, 2013 at 7:11 AM, PeterK <[log in to unmask]> wrote:

> Ex-Employees Take Trade Secrets to New Jobs, Say It's Not Illegal
> Half of employees who switched jobs or were let go in the past year kept
> copies of confidential corporate data when they left the company, according
> to last week's Ponemon Institute report.
>

Depending on where you worked and what you did, you may not have had to
sign a non-disclosure agreement or anything related to intellectual
property... many start-up firms or smaller tech firms aren't staffed with
risk or legal people and they don't think of those things.

Also, if you weren't asked to sign one WHEN YOU WERE HIRED, you can refuse
the request to sign one when you leave... as it wasn't a condition of your
employment.  One of the few exceptions to this is if you are asked to sign
one mid-job when you start work on a specific project, or if EVERYONE in
the organization is subject to a business ethics class if a policy is
rolled out after you hire on.  Even then, the argument can be made that
anything you did PRIOR to that time is NOT subject to the conditions you
agreed to.

About the only positions that have this built directly into employment are
any Government or Government Contracting jobs where you are subject to the
rules of Title 44 of the USC or Title 36 of the CFR when it comes to
"records".

John Montana?  Am I within my rights to make these assertions?

Larry
[log in to unmask]

-- 
*Lawrence J. Medina
Danville, CA
RIM Professional since 1972*

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