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  1. #1
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    Aug 2020
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    Default Previous Employer Sent Nda Two Months After Quitting

    My question involves defamation in the state of: California

    I was employed by a company and left due to the atrocious things happening there. My employer would not let me take maternity leave after I gave birth. I commented in a Facebook group that I was not allowed maternity leave and soon after I was sent a pre-litigation letter in the mail from her lawyer saying that she is going to sue me for $5,000, a non-compete agreement and an NDA. The NDA reads like it was formed before I even accepted the job, not after I quit. I told them absolutely not to all of their terms, I have already started my own company. They finally counted removing everything but the NDA. But the whole agreement is ridiculous. I never "defamed" her company. I only said what actually happened and never even listed the company name or my ex-boss name. How can someone make you sign a pre-employment NDA months after I quit? Is it illegal to ask for severance pay if she is wanting me to sign one? Is posting an experience about a company defamation if it's 100% true?

  2. #2

    Default Re: Previous Employer Sent Nda Two Months After Quitting

    After the end of employment, the former employer cannot make you sign an NDA. The former employer can ask you to sign one, and the former employer can provide incentives to you to encourage you to sign it (example: if you sign, we will pay you $X; or -- if you sign it we won't sue you). But you can always say 'no'.

    You can also ask the former employer to compensate you in exchange for signing an NDA after your employment has ended. There is nothing illegal about you asking for that. The former employer of course can decline to give you money or may not offer as much as you want the former employer to offer. And then its up to you to decide whether you're still willing to sign.

    In general, truth is a good defense to a claim of libel (defamation in written form). How that applies in a particular situation depends on exactly what was written.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Quote Quoting Randafaye
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    My question involves defamation in the state of: California

    I was employed by a company and left due to the atrocious things happening there. My employer would not let me take maternity leave after I gave birth. I commented in a Facebook group that I was not allowed maternity leave and soon after I was sent a pre-litigation letter in the mail from her lawyer saying that she is going to sue me for $5,000, a non-compete agreement and an NDA. The NDA reads like it was formed before I even accepted the job, not after I quit. I told them absolutely not to all of their terms, I have already started my own company. They finally counted removing everything but the NDA. But the whole agreement is ridiculous. I never "defamed" her company. I only said what actually happened and never even listed the company name or my ex-boss name. How can someone make you sign a pre-employment NDA months after I quit? Is it illegal to ask for severance pay if she is wanting me to sign one? Is posting an experience about a company defamation if it's 100% true?
    They cannot make you sign squat in this scenario. They could attempt to sue you for defamation but I don't see them having much chance of winning a defamation case in this scenario since you only told the truth and you never even mentioned them by name.

    The lawyer who sent you the letter knows that. The lawyer is simply hoping to intimidate you into signing an NDA after the fact to shut you up.

  4. #4
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    Jul 2018
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Quote Quoting Randafaye
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    How can someone make you sign a pre-employment NDA months after I quit?
    Please explain what "make you sign" means. You have no obligation to sign the document in question.


    Quote Quoting Randafaye
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    Is it illegal to ask for severance pay if she is wanting me to sign one?
    You don't really think there is a law that makes it illegal to ask for severance pay (regardless of the circumstances), do you?


    Quote Quoting Randafaye
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    Is posting an experience about a company defamation if it's 100% true?
    Defamation requires, among other things, one or more false statements of fact.

  5. #5
    Join Date
    Aug 2020
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Mainly because she hired an attorney to tell me to sign it or she will file a lawsuit against me.

    I'm asking if it's illegal because I don't know laws at all. I don't want to make it look like I'm blackmailing or something. I quit on my own accord, so would I still be able to ask for severance? The NDA reads so ridiculous. She's asking me to pay 100k per breach. Which reads as if I haven't even been hired by her yet. So I'm guessing if I ever did sign it, she would try to come after me for breach immediately even though I haven't. The whole thing is a mess!

  6. #6
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    Jul 2018
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Quote Quoting Randafaye
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    Mainly because she hired an attorney to tell me to sign it or she will file a lawsuit against me.
    I'm not sure what this is responding to, but nothing you've posted suggests anyone has any basis to sue you.


    Quote Quoting Randafaye
    View Post
    I'm asking if it's illegal because I don't know laws at all. I don't want to make it look like I'm blackmailing or something. I quit on my own accord, so would I still be able to ask for severance?
    You can/are able to ask anyone for anything, and it is legal to ask for anything that isn't illegal.

    If you're uncertain how to respond to this lawyer's demand, consult with a lawyer of your own.

  7. #7
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    Jun 2006
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    Massachusetts
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    No one can make you sign an NDA two months after termination. She may legally ask you to do so because there is no law that says she can't. There's no reason you can't say No. She has no basis to sue you - she is blowing smoke.

    You may legally ask for severance. She may legally turn you down.

  8. #8
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    Aug 2020
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Quote Quoting cbg
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    No one can make you sign an NDA two months after termination. She may legally ask you to do so because there is no law that says she can't. There's no reason you can't say No. She has no basis to sue you - she is blowing smoke.

    You may legally ask for severance. She may legally turn you down.
    I figured she was blowing smoke. I have been on the phone calling attorneys all day but no one seems to want to help me draft up a rebuttal to her lawyer and want to instead sue her for pregnancy discrimination. I guess asking for money to sign the NDA is too boring?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Let me ask you a couple of questions. How long had you worked for this employer? Approximately how many employees does she have?

  10. #10
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    Aug 2020
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    Default Re: Previous Employer Sent Nda Two Months After Quitting

    Quote Quoting cbg
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    Let me ask you a couple of questions. How long had you worked for this employer? Approximately how many employees does she have?
    I only worked from her from August 2019 to June 2020. As soon as she found out I was starting my own company, all of this stuff started happening. I know a lot of things she was doing shady with the job and I think that's what she was afraid of.

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