The employee may be receiving from the employer information of a non-public nature for use by the employee in connection with his or her employment. The employee receiving any information will keep such information confidential and agrees not to disclose such information, in whole or in part, to any person without the express consent of the employer, either during or after the employment of the employee has ended. In addition to its obligation of nondisclosure, the employee agrees that he or she will not, directly or indirectly, attempt to appropriate or otherwise take for its or other parties' benefit the business opportunity of employer or information learned either during or after the employment of employee is ended.
Maine Employee Nondisclosure Agreement
State:
Multi-State
Control #:
US-00502
Format:
Word;
Rich Text
Instant download
Description
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FAQ
The Employee agrees that he or she will not disclose to any person or entity, either directly or indirectly, the Confidential Information or Proprietary Data. Any use or disclosure of Confidential Information or Proprietary Data is cause for an action by the court of the State of [State] or a federal court.
The new law, Nondisclosure Agreements in Employment, 26 M.R.S. § 599-C, is one of the most recent of similar state laws to be enacted that restrict an employer's ability to limit an employee's disclosures about claims of employment discrimination.
The term of the NDA indicates how long the NDA will remain in effect. Typically, the standard use for NDAs ranges from one to five years. However, this all depends on the nature of the transaction or market conditions.
The company or person that the NDA violation has damaged has the ability to seek legal remedy in a civil court. This could include being sued for breach of contract, but also potentially for the following, depending on the circumstances: Copyright infringement. Breach of fiduciary responsibility.
Maine employers and employees work under a system called "at-will" employment. This means that you are free to quit your job whenever you want. Your employer is also free to fire you for any reason or no reason at all.
To enforce a non-disclosure agreement, the employer seeking enforcement must demonstrate that the information at issue qualifies as trade secret or confidential information. The NDA should specify the exchange and type of confidential information that cannot be disclosed.
Survival Clause This clause states that the restrictions set forth by the NDA remain in place beyond the term of the agreement. The agreement does not necessarily leave the confidentiality in place indefinitely. A confidentiality clause typically survives for two to four years after the termination of the agreement.
The term of the NDA indicates how long the NDA will remain in effect. Typically, the standard use for NDAs ranges from one to five years. However, this all depends on the nature of the transaction or market conditions.
