Legal Question in Civil Litigation in California
non-disclosure agreement
I am a healthcare professional who works for a major HMO in CA. I signed a non-disclosure agreement with my employer agreeing not to reveal certain aspects of ethically questionable business practices in return for a severence pay and attorney fees. The agreement does not contain any penalities in case the confidentiality gets broken. I have not received any settlement payment yet. I have recently became financially indepedent and regret signing the agreement. Is it possible to nullify the agreement? If so, can my employer sue me? Since the agreement does not contain any clause regarding penalty, what can they sue me for? Thanks for your expertise.
3 Answers from Attorneys
Re: non-disclosure agreement
I am of the opinion that if the business practices were questionable, then what Mr. Hoffman and Mr. Nelson said should apply. However, if the practices were completely, and without question, illegal, then the contract may be found to be illegal and thus void.
As an aside, the above is a basic opinion and other attorney's opinions may differ.
Re: non-disclosure agreement
The agreement sounds like an enforceable contract. You can demand payment on threat of suit. If what you really want to do is rescind, you can try, at the cost of giving up the settlement money on principle.
Re: non-disclosure agreement
Mr. Nelson is probably right. It is possible that other language in your contract would lead to a different result, so there is no way to be sure without knowing what the entire agreement says.
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