can you be forced to sign an NDA after you have resigned?

[spwilko]

If your contract of employment doesn't mention confidentiality and you've worked you notice and resigned, can an employer insist you sign an NDA?

[R0b]

If you no longer work for the company, I can't see how they can force you to sign anything. If there is no confidentiality clause in your employment contract, you are still under a common law duty of confidence - someone who receives information given in confidence is not allowed to take advantage of it without that person's consent i.e. your employer.

Based on what you've described, you may want to tell them you are under no obligation to sign an NDA.

[spwilko]

If your contract of employment doesn't mention confidentiality and you've worked you notice and resigned, can an employer insist you sign an NDA?

Hi R0B
Thank you for such a quick response!
Is there a good legal reference somewhere that states this?

[R0b]

It's basic contract law. If you walk into a shop and pick up an item that you're interested but then put it down and walk out of the shop, do you think the shop owner can force you to buy that item simply because you picked it up?

Same analogy applies in that every person is free to do business with whomever they want and contract with each other on whatever terms agreed. I'm not aware of any case law that has suggested an ex-employee must sign an NDA after the fact simply because they were an ex-employee of a company and the company's employment terms failed to adequately cover a clause on confidentiality.

If I were in your shoes, my starting position would be to explain to them that you no longer work for the company and you are not legally required to sign the NDA. If they believe otherwise then they need to provide an explanation as to why, by law, you must sign the NDA.

So unless you are omitting any material information, I think your ex-employer is trying their luck and doesn't have a leg to stand on.

I'm tagging ULA for any additional comments from an employment law perspective.

[atticus]

Is the NDA being requested as a term of a severance or settlement agreement under which you are to receive some benefit?

[spwilko]

It's basic contract law. If you walk into a shop and pick up an item that you're interested but then put it down and walk out of the shop, do you think the shop owner can force you to buy that item simply because you picked it up?

Same analogy applies in that every person is free to do business with whomever they want and contract with each other on whatever terms agreed. I'm not aware of any case law that has suggested an ex-employee must sign an NDA after the fact simply because they were an ex-employee of a company and the company's employment terms failed to adequately cover a clause on confidentiality.

If I were in your shoes, my starting position would be to explain to them that you no longer work for the company and you are not legally required to sign the NDA. If they believe otherwise then they need to provide an explanation as to why, by law, you must sign the NDA.

So unless you are omitting any material information, I think your ex-employer is trying their luck and doesn't have a leg to stand on.

I'm tagging ULA for any additional comments from an employment law perspective.

There was no severance or settlement agreement, simply leaving to pursue a new career in an entirely different line of business.

[atticus]

Then unless there is something more to it than has so far been said, you may decline with thanks. You are, however, bound by common law duties of confidentiality.

[spwilko]

Thanks for your speedy advice!

[ULA]

Thanks of the tag.

I can agree with what has been said by rob and atticus.

On the basis of what you have said then no, your ex-employer cannot ask you to sign an NDA after the fact. You did not leave under a settlement agreement, you have no relevant confidentiality clause in your contract (their issue) and you have left to pursue a career in a different line of business.