Montana 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

While the rules can certainly vary from state to state, most jurisdictions consider non-disclosure agreements to be enforceable as long as they are drafted and executed properly.

Companies can require new employees and job interviewees to sign NDAs to keep sensitive information private. For example, a sales or marketing engineer could sign an NDA that prevents them from taking any customer data to another employer or starting their own business.

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.

Since NDAs are civil contracts, breaking one isn't technically a crime. However, it could come with severe financial penalties. Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs.

An employee confidentiality agreement, or non-disclosure agreement or an ?NDA,? makes it crystal clear to an employee that he or she cannot under any circumstance, with the exception of prior written approval, disclose company secrets.

For example, NDAs that prevent an individual from reporting illegal or unethical activity in the workplace may be deemed unenforceable because they interfere with important public policy goals, such as maintaining the integrity of the workplace and preventing discrimination or harassment.

Pursuing a Lawsuit After Filing an NDA If an employee has been the victim of discrimination or harrassment, they should be able to file a lawsuit to seek financial compensation for resulting damages, even if they previously signed an NDA.

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.

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Montana Employee Nondisclosure Agreement