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?
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.
My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.
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.
You should consult with an attorney in your area.
Camilo A. Espinosa
3101 Indian Creek Drive, Suite 207
Miami Beach, FL 33140
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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.