Being paid for Confidentiality agreement on leaving job

Discussion in 'Work, Careers, Employment rights, further study' started by Keith e, May 16, 2017.

  1. Keith e

    Keith e Registered User

    Posts:
    10
    Hi,
    This complicated but the most basic way to put it is,
    Just over two years ago I moved companies.
    Got no contract so I have nothing signed.
    Over the past two years I have learned a lot about the company's activities not all good.
    I am the manager and am being asked to do things that are questionable at best.
    I don't think I can keep working for them but don't have any other options at present.

    I know if I leave they will look for a confidentiality agreement to be signed due to what I know,
    I am just wondering should I look for a payment to sign this as I don't know how long I could be out of employment.

    I have bills and family but i am constantly stressed doing what they ask me to do.
    Any advice welcome.
     
  2. Brendan Burgess

    Brendan Burgess Founder

    Posts:
    32,823
    You have to look beyond the money here.

    1) You should make sure that you do not do anything illegal or improper.
    2) In some professions, you would be required to report wrongdoing, but I presume that it does not apply here.
    3) If you are under pressure, you should leave.

    Any form of blackmail is reprehensible. You should just leave if that is what you want to do.

    You could ask for a termination payment on the grounds that you are being constructively dismissed by being asked to do illegal things which makes your position impossible. But you should not couple that with "And if you don't give it to me, I will go to Revenue..."

    I think that the best solution is to tell them that you can no longer work there and so you are giving 6 months' notice. You want to be paid for the 6 months but you are going to look for another job. If you get that, then you won't need any further compensation.

    If you walk out without another job to go to, it will be difficult to explain that to a potential employer.

    Brendan
     
    MrEarl likes this.
  3. Dr.Debt

    Dr.Debt Frequent Poster

    Posts:
    428
    This is a difficult situation for you.

    I suggest that you become familiar with the Protected Disclosures Act 2014. By making a protected disclosure to your employers
    about any wrongdoings in the workplace, you are arming yourself with a raft of protections against dismissal, penalisation etc.
    For example, If your employer dismisses you after making a protected disclosure, you will be entitled to (up to) two years salary
    in compensation.

    Because you have already decided that you are being forced to leave due to the prevailing circumstances, I would be of a view to make
    a protected disclosure first and start the negotiating after that. It puts you in the strongest position.

    Disclaimer : I am not a legal professional and I would advise you to take appropriate advise on the matter.

    Best of luck.
     
    MrEarl likes this.
  4. Keith e

    Keith e Registered User

    Posts:
    10
    Thanks for the advice, I would say that I have no intention of blackmailing anyone,
    I have brought the issues to the owner of the company directly and I was told that's how business is done and to get on with it.
    I personally am stressed becasuse I did the same job for 8 years in a different company selling the same items with noting illegal ever happening or being suggested.

    I was more concerned about keeping my family going because of the impossible situation I am now in because of the owner.
    If I stay I will be implicating myself and if I go I have noting.
    I will take on board what you said about the notice.
     
  5. Keith e

    Keith e Registered User

    Posts:
    10
    Thanks dr.debt sound like a solid option,
    As I deal directly with the owner it will make for awkward times ahead.
    But at least I will have covered myself and done the right thing
     
  6. SBarrett

    SBarrett Frequent Poster

    Posts:
    2,270
    Make sure you keep records of the stuff that goes on and when it happened. As we have seen recently, 5 minute meetings over a cup of tea turned out to be 2 hour meetings because one of the parties took notes!

    Look for work immediately as there is no future in your current role. It is not good for you and life is too short to be stressing over the unethical/ illegal practices of an employer.


    Steven
    www.bluewaterfp.ie
     
    Firefly and MrEarl like this.
  7. MrEarl

    MrEarl Frequent Poster

    Posts:
    1,182
    I'm with Steven on that one, the sooner you can find yourself a new role the sooner you can start to sleep easy.

    One you have a new job offer (in writing :)), you can resign from your current role and be confident in the knowledge that your current employer can no longer force you to do anything you don't want to do. You don't have to resign due to concerns about whats taking place in the current business, you can simply put it down to a better salary, a new challenge, or whatever you like (if hoping to reduce any difficulties as you exit).

    Separately, I would also seek independent legal advice, while not intending to disrespect the advice offered by both Mr. Burgress and Dr. Debt. While no one wants to pay legal fees they don't have to pay, I'd look at this one like I look at insurance - it's to protect you, just in case :)
     
  8. Firefly

    Firefly Frequent Poster

    Posts:
    2,512
    I would record everything as advised and if there is an opportunity I would be approaching the previous company you worked for to see if there is an opening there.