Free 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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An Employee Non-Disclosure Agreement is, in many ways, a standard practice in the business world. Companies in specific industries always ask their employees to sign a Non-Disclosure Agreement.

This isn't an issue of trust but protection. The employer's primary concern is to protect its interests and its ability to remain competitive in the long term.

What Is an Employee Non-Disclosure Agreement?

Traditionally, technology, marketing, and accounting companies often use the Employee Non-Disclosure Agreement and the Employment Contract. There are benefits to the employees, too, as it makes it easier for them to discern what should and should not be disclosed.

Nowadays, the Employee Non-Disclosure Agreement is a common practice in almost all industries. An employee may refuse to sign the agreement, but that can lead to the employer rescinding the job offer. In this sense, the Employee Non-Disclosure Agreements have gone through additional scrutiny as of late.

Other Names for Employee Non-Disclosure Agreement

Depending on your state, an Employee Non-Disclosure Agreement may also be known as:

  • Employee Confidentiality Agreement
  • Employee NDA
  • Employee ND Agreement
  • Employee Non-Disclosure Form

Who Needs an Employee Non-Disclosure Agreement?

Any employer or company can decide to add an Employee Non-Disclosure Agreement requirement for new and current employees. In most cases, the companies work with extensive client lists, proprietary and valuable information, and designs adamant about getting employees to agree.

Why Use 360 Legal Forms for Your Employee Non-Disclosure Agreement

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How to Create an Employee Non-Disclosure Agreement with 360 Legal Forms

The Employee Non-Disclosure Agreement doesn't require too much information. Nor is it supposed to be too long or excessively detailed. Everything should be clear and concise. That's why a practical template can be a life-saver for your company.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Employee Non-Disclosure Agreement?

To create your document, please provide:

  • Employer Information: The company's legal name or the employer, including the location and contact information.
  • Employee Information: The legal name of the employee, including contact information.
  • Effective Date: The date when the agreement is to go into effect.
  • Scope: Details what is considered sensitive and confidential information and whether the employer will learn of it in writing or in person.
  • Examples: Specific examples of what should not be disclosed.
  • Additional Clauses: Specify any necessary clauses, such as non-compete or non-solicitation.
  • Term: Specify the duration of the agreement and if it continues after the employee leaves the company.
  • Signatures: Both parties must sign the contract.

Employee Non-Disclosure Agreement Terms

  • Trade Secret: Any intellectual property containing valuable information not generally known (formulas, designs, or practices)
  • Proprietary: Belonging to one party
  • Confidentiality: The ability to keep information private
  • Immunity: An exemption to an agreement
  • Exclusions: Items specifically not covered under the non-disclosure agreement
  • Scope: A description of what the non-disclosure agreement entails
  • Governing Law: The legal system that will intervene in the event of a dispute
  • Non-Compete: An agreement to not compete in the same area
  • Non-Solicitation: A clause preventing an employee from soliciting others after they leave the company

Employee Non-Disclosure Agreement Signing Requirements

Both parties should review a draft of the Employee Non-Disclosure Agreement before signing. An employee can ask for an attorney to look over it as well. Once it's signed, it becomes legally binding. Typically, you don't have to notarize the Employee Non-Disclosure Agreement, nor do you need a witness. You may choose to use either if you want.

What to Do with Your Employee Non-Disclosure Agreement

After the Employee Non-Disclosure Agreement is signed, both parties should hold on to a physical copy of the agreement. The employer should attach the agreement to the file for the employee in question at the HR department.

Frequently Asked Questions

Apart from employers, an inventor who wants to protect his or her ideas and designs can use this agreement when presenting to evaluators and investors. Similarly, small business owners who are looking to expand and for potential partners, or even buyers, can use a non-disclosure agreement to protect their valuable trade secrets.

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.

The Job Interview Non-Disclosure Agreement is a specific type of NDA that relates to the information given to a candidate at a job interview. In some industries, a company may have to disclose certain information in the evaluation of a job candidate. The company can protect its interest if it requires the candidates to sign an NDA.

Depending on the industry and the company size and culture, the things that can happen run the gamut. As to the most feared, without an Employee NDA, a company could have its bread and butter proprietary information stolen without recourse, even crossing international borders. In general, there are many ways that a company can lose its ability to compete if the management doesn't include a non-disclosure clause or agreement.

The notice of immunity clause in a non-disclosure agreement informs the employee that he or she is immune if lawfully required to disclose sensitive information to the government entity, such as if he or she is subpoenaed. For example, if there is a suspicion of violation of law or a pending prosecution and an employee is summoned to testify.

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Applicable to all 50 states
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Our documents are vetted by lawyers and are applicable to all 50 states.