If you are seeking to protect important trade secrets or product prototypes in your company, you can ask your employees and independent contractors to sign a non-disclosure agreement (NDA). This legal document helps to protect the most valuable information within your business. To make sure it is done correctly, hire a Miami non-disclosure attorney to draft your agreement. An employment agreements attorney will include any legal language needed to protect your best interests.
If you are an employee, you may be asked to sign an NDA by your employer before you are hired or during the course of your employment. Whether you are an employer or employee, it is important to know your rights regarding an NDA before you sign.
What Is a Non-Disclosure Agreement?
A non-disclosure agreement is a legally enforceable contract that establishes a confidentiality agreement between an employer and a partner, employee, or independent contractor. They are also known as confidentiality agreements, non-disclosure contracts, and confidentiality disclosure agreements. NDAs are usually utilized by an employer to help protect a company’s proprietary information.
NDAs will typically include a description of what is being protected and the length of time an agreement will last. An experienced NDA attorney can help address your concerns as a company or employer.
Employees and independent contractors are usually asked to sign an NDA if they work for a company that is seeking confidentiality. It is important to read through an NDA completely if you are asked to sign one before you start employment or a contracted job or at any time during the course of your employment. A non-disclosure attorney can help you better understand the terms of the NDA and what is required of you if you sign the agreement.
Failure to comply with the agreement can result in serious consequences if the terms are violated. If you do not understand any of the legal language in an NDA you are asked to sign, you should immediately contact a confidentiality agreement attorney who is familiar with NDAs.
When Is a Non-Disclosure Agreement Enforceable?
To be legally enforceable, a non-disclosure agreement must be reasonable. If a court determines that an NDA is overburdensome, it may limit the terms of the contract. Aspects of an NDA that the court will consider include the time restraint, whether the confidential information has been clearly described, and the consequences of breaking the contract.
An NDA can be legally enforced if there is a violation of the terms. If an employee or independent contractor shares confidential information with any party outside of the scope of the agreement, they may face legal charges. NDAs can be legally binding, and an employer can sue for damages and to force the offending party to “cease and desist” any activity that violates the NDA agreement.
Information that is not protected by an NDA includes publicly available information, such as company addresses. Contacting an NDA attorney will help you understand if the terms of the NDA have been violated in any way.
What Happens If a Non-Disclosure Agreement Is Violated?
An NDA is a legal contract and can be enforced in a court of law. In the event that an NDA is violated, the employer or company can petition the court for an injunction to force the violating party to stop any unlawful act regarding the agreement and can also seek monetary damages regarding any losses that are related to the confidentiality breach.
How a Non-Disclosure Attorney Can Help
Whether you are an employer who needs to know if your proposed NDA will be enforceable under Florida law or your current or former employee is violating the terms of a non-disclosure agreement the employee signed, you should contact a non-disclosure attorney as soon as possible to discuss your options. An NDA is a legally binding agreement, and any violation of the terms should be addressed.
If you are an employee who is being accused of violating a non-disclosure agreement, you should immediately seek legal counsel from a law firm specializing in confidentiality agreements. Depending on the language in the contract, you could be liable for monetary damages on top of any other consequences described in the NDA.
If you are an employer and want to defend your new employee against an accusation of an NDA violation by a former employer, contact an experienced NDA attorney to find out the rights of your company and your employee. The attorneys can guide you through the process of defending any claims of an NDA violation and possibly keep the issue from requiring court proceedings.