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Re:Why I Don't Sign Non-Competes by boomlinde on Wednesday March 21, 2018 @11:41AM (#16639041)
If the employer wants the NDA to be part of the agreement, they should include it in the conditions of the employment contract.

If they offer me a separate contract to sign for their non-disclosure terms and I agree neither verbally nor in ink, I think it's a stretch to call it a misrepresentation of my position. Given that this type of contract usually offers absolutely nothing in exchange, it would be more reasonable to assume that I don't agree, if I don't sign it or express agreement otherwise.

Also IANAL, but at the very least I don't think that this is unethical.

Re:Why I Don't Sign Non-Competes by Bartweiss on Wednesday March 21, 2018 @12:50PM (#16639933)
In every case I've heard of where someone was pressed for misrepresentation, it was for actively misleading the other party.

Verbally agreeing to the NDA then not signing might count. Signing a fake name would obviously count. Editing a digital contract before signing might count, and not highlighting the edits in a "track changes" negotiation would probably count. If you returned the papers and said "these are all set" or something, I guess you might be at risk.

But just... not signing a thing? If someone puts it in front of you without negotiating or asking for consent, then accepts it back unsigned? I've never heard of a lawsuit arguing anything even close to "I handed him a paper, so he should have spoken up to tell me he wasn't signing it", and I can't imagine it'd go anywhere.

(On which note, every NDA I've seen has been explicitly brought up to ensure that I was ok with it. But I guess that's not universal?)