Explain the Context: Start by explaining why you need the NDA. Be clear about the sensitive information involved and why it's important to keep it confidential. Be Honest and Transparent: Share your reasons for needing an NDA. Emphasize that it's not about distrust but about protecting both parties' interests.
So long as the restraint on who the employee can contact is reasonable, the courts will enforce the non-solicitation agreement. A reasonable agreement is one which is not broader than necessary to protect an employer's legitimate business interest.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
820 ILCS 96/ Workplace Transparency Act. Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law.
Illinois has no statute or regulation governing non-compete agreements in employment for employees who make over $13 per hour. Illinois courts will only enforce a non-compete agreement if it is: ∎ Ancillary to either a valid contract or relationship. ∎ Supported by adequate consideration .
Yes, an NDA can include provisions to cover both present and future sensitive information exchanged between the parties.
An employment contract is an excellent example of a unilateral NDA. When an employee is hired, they sign a unilateral NDA agreeing not to share information learned on the job.
The key elements of Non-Disclosure Agreements: Identification of the parties. Definition of what is deemed to be confidential. The scope of the confidentiality obligation by the receiving party. The exclusions from confidential treatment. The term of the agreement.