In Part 1 of this series, I explained that Utah courts will enforce Restrictive Covenants (like non-compete agreements, non-solicitation agreements, no-hire clauses, and similar provisions), as long as they are written to protect the employer's “blood, sweat, and tears”—its innovation, investment, goodwill, etc.
There are three types of NDAs: unilateral, bilateral, and multilateral. Read on to learn when you should use each type. You'll also learn how to use a contract management tool like Ironclad to draft and manage them.
Employment contracts or settlement agreements containing nondisclosure agreements (NDAs) or non-disparagement clauses pertaining to sexual misconduct allegations are now void under Utah state law.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
Typically, a legal professional writing the NDA will complete these steps: Step 1 - Describe the scope. Which information is considered confidential? ... Step 2 - Detail party obligations. Step 3 - Note potential exclusions. Step 4 - Set the term. Step 5 - Spell out consequences.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.
Utah lawmakers added redundancy in March with a bill that prohibits NDAs “related to sexual assault and sexual harassment, as a condition of employment.” “The only way that sexual harassment and violence in the workplace happens is when we cannot talk about it and point it out to stop it,” Rep.
H.B. 55 adds a new section to the Utah Antidiscrimination Act providing that nondisclosure or non-disparagement clauses regarding sexual misconduct (sexual assault or harassment) required as a condition of employment are against public policy, void and unenforceable.