The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Washington Employee Confidentiality and Unfair Competition - Noncompetition - Agreement
State:
Multi-State
Control #:
US-00046
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Non-competition clauses are legal and enforceable in Washington state. Different industries may have their own rules about non-compete clauses and which related actions are acceptable.
The NDA is not a valid contract because there is no consideration. For a contract to be valid each party has to gain something. This is why many contracts include a token consideration of $1.
compete clause is not legally enforceable unless it is reasonable. Whether or not it is reasonable should, under current law, be decided by reference to the circumstances at the time it was entered into.
If you are terminated, you may be asked to sign an NDA in exchange for a severance payment. Since employers are generally under no legal obligation to provide a severance agreement, this strategy is designed to prevent you from disclosing the terms of the severance and possibly that you received one at all.
The purpose is to prevent you from leaking confidential information that might help the competitors. Unlike the NCC, you are able to start your own business or work for a competitor but you just can't use the proprietary or confidential information you gained during employment at the new job.
While NDAs are legally binding, there needs to be a balance of power in order for them to be enforceable. Most NDAs are connected with a severance package or final paycheck. If employee's sign, they forfeit their right to speak out. If they don't, they forfeit their right to receive a severance or final pay.
And the use of a confidentiality agreement means that those who receive the information are obligated to maintain the information in secret, which legally prohibits that disclosure subject to an agreement from being a general disclosure that would defeat a trade secret.
The Washington bill forbids provisions in NDAs that prevent workers from discussing "illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault" that they've experienced on the job.
Violating an NDA can have serious consequences NDAs are legally binding contracts. If an employee has violated an NDA, then the company may take legal action. The most common claims in NDA lawsuits include: Breach of the contract (such as the breach of NDA)
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.