Companies claim that non-competes protect their intellectual property like trade secrets, confidential information, and patents. But non-compete agreements can reach beyond protecting a company's legitimate business interests. Arizona allows the enforcement of non-compete agreements, as do most states.
An NDA is a legal contract that is not restrictive in the way of stating with whom you were employed. It often refers to relationships within the business itself. For example, my past NDAs have prevented me from sharing client relationships with recruited candidates.
That said: In general, an NDA should not stop you from getting a new job. When you signed the NDA you promised not to disclose certain types of information about the company. So it shouldn't matter where you go to work after that, as long as you don't disclose this information.
After the NDA expires, the information may no longer be considered confidential and may be disclosed freely.
To create a Non-Disclosure Agreement, include the following information: The parties' names and contact information. The length of the non-disclosure period. The scope and definition of the confidential information. The obligations of the Non-Disclosure Agreement. The ownership and return information.
Before moving to a competitor, employees should take the following steps: Review the Contract: Check if there's a non-compete clause that could prevent you from joining a competitor. Negotiate Exit Terms: Sometimes, you can negotiate with your employer to get an NOC or reduce the non-compete restrictions.
Overly broad language. If an employer writes an NDA that is too broad or too restrictive, a court is more likely to view it with skepticism. That is especially true if the agreement is not limited in duration or scope.
In Arizona, information that is considered a trade secret is protected by the AUTSA with or without an NDA. Under the statute, a “trade secret” means almost any confidential information that derives its economic value from remaining secret and is the subject of reasonable steps to protect it.
Here are some tips you can follow: Talk to a Lawyer. Consider the Scope of the Agreement. Limit the Scope of the Agreement. Exclude Certain Activities from the Agreement. Negotiate a “Severance Package” in Exchange for Signing the Agreement. Don't Sign the Agreement If You Disagree or Don't Understand It.
One of the most effective ways to get out of a non-compete agreement is to argue that it's unenforceable. Georgia courts will evaluate the terms of the agreement under the state's employment law, which requires that the restrictions be reasonable. If the agreement fails to meet the legal requirements, it may be voided.