California Employee Nondisclosure Agreement

State:
Multi-State
Control #:
US-00502
Format:
Word; 
Rich Text
Instant download

Description

The employee may be receiving from the employer information of a non-public nature for use by the employee in connection with his or her employment. The employee receiving any information will keep such information confidential and agrees not to disclose such information, in whole or in part, to any person without the express consent of the employer, either during or after the employment of the employee has ended. In addition to its obligation of nondisclosure, the employee agrees that he or she will not, directly or indirectly, attempt to appropriate or otherwise take for its or other parties' benefit the business opportunity of employer or information learned either during or after the employment of employee is ended.
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FAQ

Termination Clause This clause states that the protections offered by the nondisclosure agreement are no longer in effect upon the date of the contract's termination. Additionally, the clause will detail how one party notifies the other of termination. One may need to give notice within a certain period of time.

Most employers will not allow their employees to start work if they refuse to sign whatever policy forms they use at that company, including NDAs.

You are under no legal requirement to sign a nondisclosure agreement if one is put in front of you, but a company might not be willing to hire you if you do not sign it.

It is legal to require employees to sign a non-disclosure agreement in most circumstances. There is a good chance that an agreement is sound and necessary when it comes to protecting a business if your employer will be doing any of the following: Giving you access to private information. Sharing trade secrets.

There isn't a set timeframe on how long and NDA lasts, so technically one could last indefinitely.

The Employee agrees that he or she will not disclose to any person or entity, either directly or indirectly, the Confidential Information or Proprietary Data. Any use or disclosure of Confidential Information or Proprietary Data is cause for an action by the court of the State of [State] or a federal court.

To enforce a non-disclosure agreement, the employer seeking enforcement must demonstrate that the information at issue qualifies as trade secret or confidential information. The NDA should specify the exchange and type of confidential information that cannot be disclosed.

Confidentiality Clauses Further Restricted Since 2019, California employers have been prohibited from imposing confidentiality clauses (or non-disclosure agreements) related to claims of either 1) sexual harassment or 2) discrimination based on sex.

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California Employee Nondisclosure Agreement