I wonder if eg: Nelly or other Ducati professionals get this sort of thing when they give advice in tech threads and amateur mechanics start contradicting it?
I see their response as Somewhat as a “saving face” exercise as previously mentioned, don’t see any obligation for you to respond in anyway shape or form
I’m with @Zhed46 on this one. Get him to explain what information is restricted, and when you get a response query the details. Keep them providing further answers and clarifications until the time limit passes or they get fed up of responding to you.
I have to agree as well. I would ask for clarification of the clause and what they would deem restricted as then both parties know where they stand for future reference I would acknowledge the email ask for clarification and confirm I would send all paperwork they require to close the correspondence when everyone is happy with the outcome
I wouldn't offer to send anything. Way too onerous IMHO. At best it would be 'thanks for your email, can you send me a copy of the clause you refer to and a description of the services/information/components you consider fall within this clause'. Even that is asking for trouble...you could get into a debate of 'thats not confidential' etc. Also, if you developed anything, say an approach or document, that you know now to be best practice, and its not publicly available theres a risk thats proprietary info and they could call a breach. Home mechanic's view (Zhed's comments noted )I'd stick with plan A and respond with nothing and ask new employer to steer you clear of anything you think could be a risk for the period outstanding. Note that confidentiality doesn't end after 6 months.
Reply : I have no confidential information sir so you have no worries with me divulgeing any confidential information thanks for the well wishes good luck to yourselves at the old company !! Says something but nothing ??
That seems like sound advice to me. They already said they won't take legal action unless you breach the unspecified confidentiality. Get it specified then there can't be any misunderstanding. I'd acknowledge receipt of the mail and ask for specifics. Balls back in their "court" then, pun intended.
Yes I’m struggling to see why you’d have a lawyer giving you friendly free advice & then listen to everyone else telling you different. Your choice Ron but I’d take the freebie from Zhed personally
Update again - although last night's email was marked "private and confidential", I disclosed it's contents first thing today, to my new Manager. She went to see a Director (obviously, they aren't too pleased as such behaviour could unsettle someone as thick-skinned as me) and came back with the advice that I respond "I have nothing, I have nothing to destroy, I will disclose nothing, I agree", and if I hear anything further, they will use their solicitor to respond.....
Update Today, after much consideration of the guidance given by everyone - cheers everyone ! (in particular our legally experienced members - Zhed and Paul to mention just a couple) on here, and consulting several employment law websites, I thought that as it's friday afternoon, I would respond to my ex-manager's ultimatum. " Hi ****, I have taken legal advice in relation to your email dated July 8th 2020. I am advised that before any acknowledgement is given, I must request that you provide me with a full specific schedule of the "Confidential Information" to which you refer, including the designated wording (and it's location) which identifies any such documentation as being "confidential". Thanks" Hopefully, that won't piss-off his weekend
" Dig if you will , a picture " ...... Mr Jones leaves Blake & Co I know and trust Mr Jones after a business relationship lasting 20 years or more . I don't give a rat's arse about Blake & Co , and I want to carry on doing my business with Mr Jones , but I can't , because of his legal issues . Does that not directly interfere with my freedom of choice as a customer ? I wonder what the law says about my rights in that situation ? ....... I'm asking mostly out of devilment I suppose ......
Update So last Friday I sent my ex-manager the following response: " Hi ****, I have taken legal advice in relation to your email dated July 8th 2020. I am advised that before any acknowledgement is given, I must request that you provide me with a full specific schedule of the "Confidential Information" to which you refer, including the designated wording (and it's location) which identifies any such documentation as being "confidential". Thanks" This morning (Tuesday) he has responded: Dear ***** Many thanks for your email of 10th July 2020 in relation to our requests on the restrictions and confidential clauses within your contract of employment, which you signed on 24th April 2018. In response to your request as you will see from the email that I sent to you it did in fact highlight the clause number of your contract which covers the confidential elements. I also attached and referred you to your contract of employment for you to read the wording relating to this clause, for further understanding. But to give the benefit of doubt and for further clarification we are referring to any documentation (notes, emails. Word documents, spreadsheets, PowerPoints) that is owned by your ex-employer which refers to the: Trade Secrets of the business Business strategy, operations and or activities planned Health and safety strategy and operational activities Health and safety documents of your ex-employer that were created for the purpose of your ex-employer Submissions relating to the activities of your ex-employer Documents containing information relating to colleagues of your ex-employer (accident reports, investigations, health and safety meeting minutes) As we have already advised, we have taken a very pragmatic approach on this and we are not going to stop you working with your current employer who own ***** *****, who as you know are a competitor. But you also must understand and acknowledge that we do not wish for any information or documents that relate to this business becoming known to them and we ask that this is respected and adhered to. Please do not hesitate to contact me should you have any further questions on this matter. I've now got to consider my response (if any) to this
I look forward to being shot down in flames, but I would just agree it and move on. There will be a furious amount of box-ticking going on at your ex-e!
