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.
North Carolina Employee Nondisclosure Agreement
State:
Multi-State
Control #:
US-00502
Format:
Word;
Rich Text
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FAQ
In North Carolina, the confidentiality obligations are finite. You cannot ask someone to keep information private indefinitely. A typical NDA might cover the period during employment and a short duration afterward. The agreement should provide an exception for information which later becomes non-confidential.
Non-Solicitation Agreement Enforceability In North Carolina Most non-solicitation agreements in North Carolina these days limit the prohibition to customers with whom the employee had material contact with, within a defined time period (1 year is most common), in order to ensure they are enforceable.
North Carolina Business Courts place heavy importance on the feasibility of non-disclosure and non-compete Agreements. If you create an NDA with an unlimited Term, you risk your agreement being ruled as unenforceable by North Carolina Courts, as this timeline may be viewed as unreasonable.
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.
In California today, NDAs still carry validity and soundness in court so long as they are executed precisely, legally, and firmly; however, there are some circumstances in which an NDA may not be upheld due to SB820 and the expansions formed in SB331 (discussed above).
While Washington and California have passed Silenced No More Acts, other states, including New York, Illinois, New Jersey and Oregon, have enacted their own NDA-narrowing provisions that cover all forms of employment discrimination.
While the rules can certainly vary from state to state, most jurisdictions consider non-disclosure agreements to be enforceable as long as they are drafted and executed properly.
