Legal advice?

10
Found 23rd Sep 2017Edited by:"Gooner77"
I had someone who has left a startup business, and they made no contribution.
I want them to sign something saying they have no stake in the IP or the business which is going to be set up, and will treat anything they have seen as confidential.
They will sign it, so no issue there.
Is there a standard letter somewhere which I can use?
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10 Comments
Cart before the horse springs to mind. That should have been put in their contract of employment when they started working for you.
webtrawler27 m ago

Cart before the horse springs to mind. That should have been put in their …Cart before the horse springs to mind. That should have been put in their contract of employment when they started working for you.


No need to troll, it's not a problem to get them to sign it, it is a startup so no company formed yet.
Gooner778 m ago

No need to troll, it's not a problem to get them to sign it, it is a …No need to troll, it's not a problem to get them to sign it, it is a startup so no company formed yet.


Why would they sign it though? What benefit is there for them to? I think the comment above is correct. If there isn’t a company yet then there isn’t a startup business yet surely
Gooner7711 m ago

No need to troll, it's not a problem to get them to sign it, it is a …No need to troll, it's not a problem to get them to sign it, it is a startup so no company formed yet.



Touchy touchy.
At this point if they don't wish to sign anything, and nothing like this was covered in their initial contract, you're going to have a hard time preventing them doing what they want (within reason) with the information they have accumulated.
I'm not entirely sure signing a letter saying you won't do something is legally enforceable (in the situation you are describing). To be enforceable it would need to form part of a contract, and you have already stated it's not part of his employment contract. You've titled this 'legal advice' and thats just what you need. I would say you need to form a contract with him that he won't use his knowledge and that will alert him to the value of the knowledge (if he wasn't already aware) and require some sort of payment from you.
No issues with them signing, they were potential partners (not employees, my mistake) I want to get something in writing where they agree they have no future stake in the business. They were involved in the exploration stage and didn't contribute anything, again there are no issues with them signing.
there is no such thing as a standard letter for this but you can draft one and ask them to sign. just make sure that the letter cover all the points.

any form of written communication is acceptable in a court of law as contractual, including emails. verbal agreement is also recognised in a court of law if there is a witness or evidence to back it up. but recordings can only be done with advance warning so the person being recorded is aware that he is being recorded. if it is criminal law, then this warning does not apply.

this is my understanding anyway.
The term you're looking for is a 'non-disclosure agreement', NDA for short, and you'll probably be able to find templates if you Google for them. I'm not sure why your former partner would want to sign a document which basically only gives you the right to sue him, though.
No it's not an NDA it's more like a dissolving a partnership agreement.
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