I was just layed off at my job. I have worked there for 12 years & signed an NDA that prevents me from working in similar company for 6 months. When layed off they now tell me they are only going to pay 3 mo the of the nda agreement. Is that legal when we signed 6 months.
1 Answer from Attorneys
I'm terribly sorry to hear about what is happening.
A Non Disclosure Agreement (NDA)is different from a non-compete agreement. Sometimes an agreement can contain both elements. In New York Non Disclosure Agreements are not absolute and have legal boundaries by which they have to abide. The same goes for non-compete agreements and courts tend to side with the right of employees for employment irrespective of the agreement.
As you see both types of agreements have to meet certain legal standards of reasonability. It's not clear whether your agreement is a non-disclosure or a non-compete or a mix of the two. To determine if your agreement addresses these standards it needs to be reviewed as would the cause of the layoff.
I would need to know more about the circumstance so please contact me directly. There is no cost for the initial discussion.
Roman R. Fichman, Esq.
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