What thereafter means in an agreement?
Hello Experts,
I have a question and wondering if those experts in copyright and business law could give me some advices and directions on an issue.
I and few friends of mine used to work for a private college where we did develop and work on a software where students could register online and apply for financial aid and etc. After a year due to too much politic and weak management I spoke to the director and lawyer of the company as complain ... however, the management took our manager side and they laid me off from work. After I left all the group in my department one by one found a job and left.
Now, after leaving the corporation (in 2009), I thought we can do better and create a better software so our team together had started making a software better and more powerful from what the private school currently has (although I had offered them we could improve it while I was still at work yet but they ignored me).
Recently, we asked for a copy of our NDA or non-disclosure agreement and we noticed that in there all of us has signed the page where it says the signatory will not have the right to work or develop any work of this kind.
The Non-Disclosure provision has been defined very broadly to include not only to refrain from using or disclosing information during the term of employment but it also includes the term “thereafter.” Usually, there is a time limit as to how long the agreement will be binding and in effect. I'm assuming that The terms can always be negotiated.
1) Now, my question is how can we fix this issue? I really cannot understand it .. this is America where the spirit of competition has made our country move forward. The word "Thereafter" cannot mean that we shouldn't work or develop in the same field for the rest of our lives. Right?
if so, then what happens to competition and innovation and having a healthy market?.
How can I find out and learn more and if any issue how can I fight it?
2) Beside, this one of my team mates has gone to the school and shared the fact that we were working on such project ... in few days we have received a letter (from one of their lawyers ... they so many) that they would peruse it legally if we attempt to create any software. Currently we are using different language, different user interface and even database from what they have. I need some advice as well here.
Any help is appreciated greatly.
Regards
Last edited by team24; 09-25-2011 at 05:09 PM.
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