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Concerned that employer is attempting to prevent me from moving on.

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Stanley07

Junior Member
I recently submitted my 2 weeks notice at my place of employment. I would like to know where I am able to seek employment next. I obtained my personnel file and copy of handbook, both of which I was told on record are up to date. All is clean. My employer told me on record that she had my signed contract. She later said that our marketing firm has a copy of the signed contract. She has not produced the contract and I don't believe it exists because frankly, I don't recall ever signing it and stated this multiple times to both HR and my boss. The employee agreement which I do not recall signing has a non-compete clause stating no work/affiliation within 20 miles for 2 years.

6 months prior, employees were given handbooks that were promptly put together. I was given a 2 page contract with my job description and additional page stating I must report harassment to HR and also abide by the handbook. I was told by another employee who gave it to me, "sign it or your life". I didn't think much of it and signed it.

I believe I was coerced into signing it because they knew the signed contract did not exist. While the handbook does not state a non-compete, it has a large section on moonlighting, sharing trade secrets, and affiliating with competing companies. I am concerned that my boss and some employees have been trying to make it look as though I am stealing confidential business information in order to use against me if I choose to work to closely and threaten their business. I took photos of documents to use while working from home. These same documents mysteriously disappeared on my work PC. Another employee also downloaded a copy of the client database on my PC. I have also found a keylogger and also software allowing remote viewing of my PC (we use LAN/network for internet). These were installed while my PC was logged on to my account, which before I rarely logged off (lesson learned). It seems to me that they are trying to pin me for these things since a non-compete clause doesn't exist. To the average joe, this sounds paranoid, but these people are nuts.

On the day of my notice, I have since requested a list of everything they need returned to the company prior to my departure. I have not been supplied with this list to date. I have logged each instance of someone else using my computer and when I was on it and not on it. My final day is December 30th. What should I do at this point?
 


Zigner

Senior Member, Non-Attorney
I recently submitted my 2 weeks notice at my place of employment. I would like to know where I am able to seek employment next. I obtained my personnel file and copy of handbook, both of which I was told on record are up to date. All is clean. My employer told me on record that she had my signed contract. She later said that our marketing firm has a copy of the signed contract. She has not produced the contract and I don't believe it exists because frankly, I don't recall ever signing it and stated this multiple times to both HR and my boss. The employee agreement which I do not recall signing has a non-compete clause stating no work/affiliation within 20 miles for 2 years.

6 months prior, employees were given handbooks that were promptly put together. I was given a 2 page contract with my job description and additional page stating I must report harassment to HR and also abide by the handbook. I was told by another employee who gave it to me, "sign it or your life". I didn't think much of it and signed it.

I believe I was coerced into signing it because they knew the signed contract did not exist. While the handbook does not state a non-compete, it has a large section on moonlighting, sharing trade secrets, and affiliating with competing companies. I am concerned that my boss and some employees have been trying to make it look as though I am stealing confidential business information in order to use against me if I choose to work to closely and threaten their business. I took photos of documents to use while working from home. These same documents mysteriously disappeared on my work PC. Another employee also downloaded a copy of the client database on my PC. I have also found a keylogger and also software allowing remote viewing of my PC (we use LAN/network for internet). These were installed while my PC was logged on to my account, which before I rarely logged off (lesson learned). It seems to me that they are trying to pin me for these things since a non-compete clause doesn't exist. To the average joe, this sounds paranoid, but these people are nuts.

On the day of my notice, I have since requested a list of everything they need returned to the company prior to my departure. I have not been supplied with this list to date. I have logged each instance of someone else using my computer and when I was on it and not on it. My final day is December 30th. What should I do at this point?

1: US law only.
2: Do about what?
 

Zigner

Senior Member, Non-Attorney
Yes, US law.
Ahh, that narrows it down to 50+ choices...thank you. What is the name of your state?

How do I prevent my employer from claiming I stole information?
Is that really your question? You know that you can't stop someone from claiming something. Perhaps your question is: How should one respond if their former employer claims they stole information? My response would be that you should just keep things on the up-and-up and cross that bridge when/if you ever come to it.
 

cbg

I'm a Northern Girl
You don't.

If they're going to make that claim (and I think there's very little reason but your own supposition to assume they're planning to), they're going to make it whatever you do. There is no action you can take now that will block them from making the claim if they truly intend to do so.
 

eerelations

Senior Member
Why did you delete the question about the name of your state? It's important information or we wouldn't have asked.
 

Stanley07

Junior Member
You don't.

If they're going to make that claim (and I think there's very little reason but your own supposition to assume they're planning to), they're going to make it whatever you do. There is no action you can take now that will block them from making the claim if they truly intend to do so.

I should probably be asking how to protect myself (logging when I use the PC, etc.).
 

Zigner

Senior Member, Non-Attorney
I should probably be asking how to protect myself (logging when I use the PC, etc.).

That's really not something that we could tell you since we don't know your specific situation. Do what you feel is appropriate...
 

eerelations

Senior Member
On the day of my notice, I have since requested a list of everything they need returned to the company prior to my departure. I have not been supplied with this list to date. I have logged each instance of someone else using my computer and when I was on it and not on it. My final day is December 30th. What should I do at this point?

They're not legally required to give you a list. I have occasionally given departing employees lists of this type, gut generally I don't, because most employees (departing or otherwise) know what belongs to them and what belongs to the company.

If you don't mind my saying so, you sound more than a little paranoid about this employer. Just how much business are you planning to take away from them after you leave?
 

Stanley07

Junior Member
If you don't mind my saying so, you sound more than a little paranoid about this employer. Just how much business are you planning to take away from them after you leave?

I have decided not to challenge the "non-compete agreement" for fear of my safety. Yes, there was the potential to take business away from them as the boom in growth coincided with my arrival (I played a role). One of the employees shared a lot of very personal information with the staff, and also made up a lie that I intended to leave. The result was 6 months of my boss and a group of the employees making cryptic comments and tracking my whereabouts referencing the personal information to the point where it all but ruined my personal and professional life, hence the reason I quietly saved my money and decided to take my wife and leave. I have zero proof, which makes me look like a paranoid nut-job to the few I have chosen to divulge it to (likely yourselves included). I'm sure that was more information than you needed.
 

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