Legal Question in Intellectual Property in Missouri

Protecting another companies Trade Secrets

I obtained some training that could be construed as a trade secret at another company I worked at. I was never required to sign a non-compete or confidentiality agreement although confidentiality was expressed verbally. The new company I work for now is threatening to fire me if I don't disclose this information to them. What rights do I have?


Asked on 5/28/03, 11:33 am

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Protecting another companies Trade Secrets

There is a difference between non-competition and the right an employer has to maintain confidential disclosures, although it is not wise to fail to reduce such an agreement in writing. You just might get away with it, but you know better.

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Answered on 5/28/03, 5:29 pm
Regina Mullen Legal Data Services, PLC

Re: Protecting another companies Trade Secrets

As I read your question, it is whether your current job can force you to disclose trade secrets from your last job. It depends, and you've got yourself into a real Catch-22. The first question is whether or not the information they're asking of you constitutes a true trade secret. Second, were you hired on the explicit expectation that you were to disclose trade secrets? Since you are probably an at will employee, they can fire you for any reason or no reason (basically), so you have to decide. If you disclose something that causes harm to your original company, it probably won't matter that they didn't make you sign a non-disclosure. Why would you work for a company that would fire you for actions to they'd object were the show on the other foot? Smells fishy.

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Answered on 5/28/03, 5:56 pm


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