Reply to: General question about NDAs and agencies/temp work

[Would rather not be named]

If there is no time limit then until it's not commercially confidential information.

This could be until the company ceases to exist or it ends up in the media. However it doesn't stop you telling legal authorities so for example if you sign on you can tell the job centre.

Cheers, things are looking a bit better for me then. Bit of a relief...it's not commercial anyways as I say. Always useful to err on side of caution tho which I have.

[SueEllen]

So if that's the case how long does NDA stay enforced? In perpetuity?

If there is no time limit then until it's not commercially confidential information.

This could be until the company ceases to exist or it ends up in the media. However it doesn't stop you telling legal authorities so for example if you sign on you can tell the job centre.

[Would rather not be named]

You weren't there long enough to have any legal claims. So just move on.

So that being the case how long does NDA stay enforced? In perpetuity?

[Would rather not be named]

Sounds like you just need to go to the Agency and get a copy of the NDA that you did or didn't sign. After all it is the Agency who you were working for wasn't it? Failing that, go back to the old client and get it from them. No need to tell them why, jsut that you need to be reminded of it's contents.

Don't see the problem with jsut asking for it to be honest.

I was working via the agency for the client. So my status I am unsure, don't think I was working for the agency as such. I think I signed the NDA in the interview at the client so dunno who would have it in all honesty. Approaching agency/client maybe best bet.

Yeah I would ask for it, but they may get suspicious I dunno. But yes asking sounds a decent way to go cheers.

[SueEllen]

You weren't there long enough to have any legal claims. So just move on.

[Would rather not be named]

So you are a temp not a contractor.

How long were you at the client?

That sounds right yep temp defo not contractor. Thanks for confirming.

At the client about 6 and a half months. Somewhere between 6 and 6 and a half anyway.

[SueEllen]

Signed something and solicitor? Don't remember a solicitor being present supervisor or middle manager sure, solicitor don't recall.

If I signed anything of that nature, it would have been in an underhand and sneaky manner...certainly nothing formal. This company in general seem a bit, well I've heard stories about them both pre and post my time there as a temp...

So you are a temp not a contractor.

How long were you at the client?

[NickNick]

Sounds like you just need to go to the Agency and get a copy of the NDA that you did or didn't sign. After all it is the Agency who you were working for wasn't it? Failing that, go back to the old client and get it from them. No need to tell them why, jsut that you need to be reminded of it's contents.

Don't see the problem with jsut asking for it to be honest.

[Would rather not be named]

Though if you are going to leak stuff there are ways and means of doing it.

If have signed something and you had to get a solicitor to check it over then "no" you can't do anything with the recording.

If a solicitor hasn't looked at what was signed to advise you on it, and any of the staff were permanent employees they could leak the recording but it would look vindictive to any judge.

For example all those people sacked by text message, email or found out though the media, made sure they went to the media immediately before anything could be put in front of them to sign.

Signed something and solicitor? Don't remember a solicitor being present supervisor or middle manager sure, solicitor don't recall.

If I signed anything of that nature, it would have been in an underhand and sneaky manner...certainly nothing formal. This company in general seem a bit, well I've heard stories about them both pre and post my time there as a temp...

[Would rather not be named]

NDA's typically surround intellectual property rights, customer/supplier lists and costs and general methodologies.

You can probably describe what you did but not how you did it, i.e. led a team of callers and increased charitable donations by 20%

While you couldn't disclose how you did it, your behaviours in your new role may give it away if they are repeated. You've not disclosed anything then, though.

Cheers, yeah I certainly wouldn't leak anything commercial. Hell I don't think I knew or can recall anything commercial for that matter....being a mere caller.

[Would rather not be named]

Nowt to do with NDAs, everything to do with contracting.

Take a look at your contract, it probably says something about notice periods.

Cheers, yeah will have a look. Wasn't technically called a contract but as mentioned terms of engagement but semantics maybed.

[Would rather not be named]

More importantly it will probably say something about not being paid if you don't have a signed time sheet which will trump the notice period.

Ha notice period?? In this role? Try two to five mins! But cheers I will have a read of my Terms of engagement and see what's what there.

[Would rather not be named]

We actually don't know if the OP was a contactor, a temp or on zero hours.

I've met temps who called themselves contractors just because the people they worked alongside where actually contractors.

Regardless the OP has no employment rights when it comes to dismissal.

The fact the management bothered to tell them there is no more work is a lot nicer than what lots of companies do to workers they know longer want.

Home now so can respond in more depth! Thank you all for all replies etc, useful stuff.

Funny thing is my status was quite opaque so I dunno either...erm I will assume it was either temp or zero hours. Surely not a contractor.

Thing aboiut this company, so far as I could see it was mostly agency staff. Certainly in excess of 50%, at ahunch maybe 2/3. Our supervisor said he was there four years before he got taken onto the books so yeah...

Yes that rather figures, and the way he did it wasn't very great let's say. A phone call handled professionally may have even been preferable. I had a similar scenario in next temp job which truly was temp and basically, we got told and we were able to see out the day which is relatively decent and they didn't tell us like some gibbering idiot either. Just calm, professional etc.

[SueEllen]

More importantly it will probably say something about not being paid if you don't have a signed time sheet which will trump the notice period.

We actually don't know if the OP was a contactor, a temp or on zero hours.

I've met temps who called themselves contractors just because the people they worked alongside where actually contractors.

Regardless the OP has no employment rights when it comes to dismissal.

The fact the management bothered to tell them there is no more work is a lot nicer than what lots of companies do to workers they know longer want.

[northernladuk]

Nowt to do with NDAs, everything to do with contracting.

Take a look at your contract, it probably says something about notice periods.

More importantly it will probably say something about not being paid if you don't have a signed time sheet which will trump the notice period.