Can a confidentiality agreement be voided?

Asked over 1 year ago - Deland, FL

I signed a confidentiality agreement in 2005. I left the company in 2009. The company has had 3 different owners since I signed the agreement. Is there a way to break the agreement since its had so many different owners since I signed it and worked there?

Attorney answers (4)

  1. George O. Tamblyn

    Pro

    Contributor Level 9

    5

    Lawyers agree

    Answered . The effacacy of the agreement may have expired. You should consult with an attorney in your area specializing in this type of matter; it is important to disclose all the facts and to explore your options. Be prepared to pay a consultation fee and know what it will be in advance.

  2. Jonathan Edgar Pollard

    Contributor Level 12

    2

    Lawyers agree

    Answered . It depends. Most likely, the confidentiality agreement is still binding. In most instances, such agreements are written so that they can be assigned from one company to a successor company.

    That said, a confidentiality agreement really just means that you cannot divulge any confidential information you learned while working at the company. In terms of other restrictions, the term has likely expired. For instance, a non-compete agreement would no longer be in effect if you left the company back in 2009.

    If you need more information about non-compete agreements, there are dozens of articles (including some on Florida law) available at www.thenoncompeteblog.com.

    Jonathan Pollard

    My response to this question is a response to a hypothetical situation based on limited facts. I am not your... more
  3. Camilo Andres Espinosa

    Contributor Level 9

    Answered . You should consult with an attorney in your area.

    Camilo A. Espinosa
    3101 Indian Creek Drive, Suite 207
    Miami Beach, FL 33140
    305-390-0450
    camilo.espinosa@loigica.com

    This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer... more
  4. Brad Elliott Kelsky

    Contributor Level 6

    Answered . You should consult an attorney to discuss as there are too many missing variables to enable the provision of a complete answer. For example, we don't know whether the agreement was assigned, whether it is enforceable (to the extent it is included in a non-compete agreement), whether there was an expiration date for the non-disclosure, whether the agreement is voidable by you for some conduct of your former employer, whether the other party waived the requirements of the agreement, etc. You should contact and meet with an attorney, formally, to discuss your fact pattern. Good luck.

    This response is for informational purposes only and does not establish an attorney-client relationship. The questioner should contact an attorney for a formal opinion.

Related Topics

Employment contracts

An employment contract outlines the terms of employment, including payment, benefits, duration of employment, and who the employee reports to.

Non-compete agreements and employees

A non-compete agreement places restrictions on where and when employees can switch jobs to work for rival companies or to work in related industries.

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