QUESTION
What are the legal ramifications for refusing to sign an NDA/NCA?
Asked on Nov 22nd, 2013 on Business Law - Virginia
More details to this question:
When I started at my company in February, my offer letter said: "the company's standard non-compete and non-disclosure agreement shall be signed prior to the start of employment." My boss never gave me the forms to sign. I have notice a week ago. I got an e-mail 2 days ago with the form dated November 2012, asking me to sign it. I don't see the need, since my employment is terminating. My boss said he will withhold my pay if I don't sign it. What are the legal ramifications if I refuse? He never gave me the form to sign. I am leaving the company. I don't want to commit to a restrictive legal document if I don't have to. He said his primary concern is his intellectual property.
1 ANSWER
Insurance Defense Attorney serving Fairfax, VA
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Mahdavi, Bacon, Halfhill & Young, PLLC
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Your employer CANNOT withhold pay that you have earned through your employment. However, any sort of severance package can be conditioned on signing a noncompete. If there are not offering you anything additional to sign the noncompete, then there is no reason to sign it.
Answered on Nov 22nd, 2013 at 3:13 PM