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CarlieJLD7
I love my daughter!
Member since 7/07 3061 total posts
Name:
Carlie
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Anyone a Lawyer in employment or in the HR area???
I signed a Confidentiality Agreement when I started my employment at company that I just left.
The thing is, I just noticed I signed under the "Employer" and not the "Employee" area. Then I see that they changed the form by hand writing an R after Employee and crossing out the R where I signed and added an E.
Does this make it null and void? Shouldnt they have told me I signed in the wrong spot and ask me to fill it out again???
I am hoping this voids the agreement.
Please help asap!
Thanks!
xoxo
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Posted 4/29/09 8:34 AM  |
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Kara
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Member since 3/07 13217 total posts
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Re: Anyone a Lawyer in employment or in the HR area???
I HIGHLY doubt that voids the agreement and if you intend to breach the agreement, I strongly suggest you seek the counsel of an experienced contracts attorney (not free legal advice on the Internet).
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| Posted 4/29/09 10:45 AM |
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CarlieJLD7
I love my daughter!
Member since 7/07 3061 total posts
Name:
Carlie
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Re: Anyone a Lawyer in employment or in the HR area???
Posted by Kara
I HIGHLY doubt that voids the agreement and if you intend to breach the agreement, I strongly suggest you seek the counsel of an experienced contracts attorney (not free legal advice on the Internet).
Your post almost comes off with an attitude I don't know if you meant that, but whatever the case.... That wasn't the only thing that was incorrect on the agreement... there were several.
I obviously have an attorney but I wanted to get a possible answer fast b/c he wasn't in the office yet... but its ok... I do have an answer now... and it is null and void b/c of all of the mistakes put together.
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| Posted 4/29/09 12:37 PM |
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Kara
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Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Anyone a Lawyer in employment or in the HR area???
Posted by CarlieJLD7
Posted by Kara
I HIGHLY doubt that voids the agreement and if you intend to breach the agreement, I strongly suggest you seek the counsel of an experienced contracts attorney (not free legal advice on the Internet).
Your post almost comes off with an attitude I don't know if you meant that, but whatever the case.... That wasn't the only thing that was incorrect on the agreement... there were several.
I obviously have an attorney but I wanted to get a possible answer fast b/c he wasn't in the office yet... but its ok... I do have an answer now... and it is null and void b/c of all of the mistakes put together.
And your post came off as seeking free legal advice over the Internet... something most assume people who are working with their own attorney wouldn't be doing. I think telling someone to seek the advice of their own attorney before breaching a contract is sound advice, not giving someone an attitude -- but take my attempt to help you however you will. You should know for future reference that attorneys are ethically prohibited in NYS from giving out free legal advice over the internet to complete strangers.
I'm glad you got your answer. I couldn't possibly have known about the other errors because you didn't mention them. They must be truly egregious errors to render a signed contract in NYS null and void... but I'm glad it all worked out for you.
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| Posted 4/29/09 3:25 PM |
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CarlieJLD7
I love my daughter!
Member since 7/07 3061 total posts
Name:
Carlie
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Re: Anyone a Lawyer in employment or in the HR area???
This is why I also asked for anyone in the HR area too, b/c I thought they might know...
Correct, I didn't mention the other items b/c I thought maybe the one I did mention was the deal breaker (as I am not a lawyer). But it wound up that it was the error I didn't think was that big of a deal that actually was a deal breaker...
I didn't know that about NYS lawyers and the advice, thanks... I guess I am going to have a lot to learn in this lawsuit. Thank goodness I didn't study law. LOL...
Thanks for your help.
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| Posted 4/30/09 4:36 AM |
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Kara
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Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: Anyone a Lawyer in employment or in the HR area???
Also - should have mentioned this earlier, but if you are or might be involved in a lawsuit involving this contract, I strongly recommend that you get a written opinion of counsel regarding the enforceability of the contract before breaking it. Even if the contract is null and void for whatever reason, that doesn't prevent your former employer from suing you (and you needing to spend $$$ to defend yourself). Even the person who wins a lawsuit spends a lot of money on legal fees. I just wouldn't intentionally do something you know will violate this agreement without first getting a written opinion of counsel on which you can rely.
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| Posted 4/30/09 2:21 PM |
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nrthshgrl
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Member since 7/05 57538 total posts
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Re: Anyone a Lawyer in employment or in the HR area???
From an HR perspective & from someone who has contact with our contract attorneys on a daily basis, I would say that no it does not alone void a contract.
I agree with Kara - you're paying for an attorney who knows your case & the documents. They will have a better answer than any of us.
Although Kara - the post above mine looks like legal advice.  
Message edited 5/1/2009 10:03:58 PM.
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| Posted 5/1/09 10:03 PM |
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Kara
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Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Anyone a Lawyer in employment or in the HR area???
Posted by nrthshgrl
Although Kara - the post above mine looks like legal advice.
Telling someone to seek a specific type of legal advice or a written opinion of counsel is not giving legal advice. Neither is telling someone that being sued costs money even if you win... Telling someone they can be sued even if they are right also isn't legal advice, but common sense in this day and age.
ETA -- The emoticons after your comment notwithstanding, I take any questions of my integrity and professional ethics very seriously.
Message edited 5/4/2009 9:22:00 AM.
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| Posted 5/4/09 8:59 AM |
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