Legal Question in Employment Law in California
Employee handbook
In the employee handbook of my ex employer there is a section regarding confidentiality. The policy states: I am prohibited from disclosing confidential information to any person or entity. It also states that my duty of confidentiality will survive my termination with the Company and will continue for all time. My ex employer is saying that I breached that duty and that he will now take legal action. What kind of legal action can he take? Can I be arrested? Can I be sued for money (that I don't have) and lose in court? Will I definitely need a Lawyer? This sounds like big trouble!
3 Answers from Attorneys
Re: Employee handbook
What did you disclose exactly? Did you leave the job in good terms?
Re: Employee handbook
If the employer sues, you will definitely need counsel. If they are threatening, you better get good counsel to put up a strong defensive posture - to try to convince them not to sue. "The best defense is a good offense" really applies here. Sometimes companies will take action to make an example of you to scare others. You can't be arrested, but you could spend big bucks defending a lawsuit. It would be cheaper to 'scare' them off by having counsel early. If interested, call: 714-960-7584
Re: Employee handbook
First off, a breach of a confidentiality agreement can result in nominal, up to substantial damages.
There are critical questions that need to be answered in assessing the likelihood of any real attempt to litigate your alleged breach.
The questions are too cumbersome to include in a post, and are better addressed through telephone conversation.
I would be happy to listen to your problem and provide some general information. As such, please do not hesitate to call.
Good luck.
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