Employee Non-Disclosure Agreement
An Employee Non-Disclosure Agreement ensures that, at the threat of a hefty financial penalty, employees won’t be able to share with others whatever valuable information that they might have learned on the job.
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Frequently Asked Questions
The consequences of not having an Employee Non-Disclosure Agreement may vary significantly. In most cases, the type of industry and the business model of the company may affect what will happen. Having trust in your employees might be sufficient when running a smaller business. But not having an Employee Non-Disclosure Agreement is likely to open your business to numerous vulnerabilities.
The reason why it is so important to specify the location of the signed agreement is that the relevant business laws may vary from state to state. It is preferable to be familiar with your state’s law regarding confidentiality agreements in general and how they are enforced before signing the agreement.
The specificities of what happens if an employee breaks the agreement are usually included in the agreement. An employer can be as detailed as desired as to what is to be expected as a consequence if the terms are broken. It could start with monetary penalties and termination and up, including litigation and a claim for the suffered damages.
To be on the safe side, some employers choose to hire a law firm to help them draft an Employee Non-Disclosure Agreement. Some of the wording for these contracts may be confusing to the uninitiated. Also, since you have to adjust the document according to the state law, you might need an expert's help to guide you through it.
Most states recognize the Employee Non-Disclosure Agreement. However, due to the nature of the document, it's not uncommon for a court to throw it out. To avoid that, there are several aspects to keep in mind. The Employee NDA shouldn't be overly broad but as specific as possible. The agreement's duration mustn't be too long and the demands should only be reasonably restrictive. Finally, if the agreement goes against public interests, it will likely be voided in court.
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