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What Is Enforceable in California? For an NDA to be enforceable in California, it must not be too generic or too open-ended (no time limit established), or the courts will likely throw it out.
Legal action: The party that was harmed by the breach of the NDA can take legal action to enforce the agreement and seek damages for any losses that were incurred. This may involve filing a lawsuit, seeking injunctive relief, or pursuing alternative dispute resolution.
An employee confidentiality agreement, or non-disclosure agreement or an ?NDA,? makes it crystal clear to an employee that he or she cannot under any circumstance, with the exception of prior written approval, disclose company secrets.
The non-disclosure agreement legally prevents an individual from disclosing vital information obtained while in the employment of the company, thereby deterring other companies from hiring them solely for that benefit.
No, you are not obligated to sign a non-disclosure agreement presented to you by your employer. However, your employer can terminate your employment if you don't sign the NDA.
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.
The wronged party may receive monetary damages to reimburse or pay for any loss incurred as a result of the breach. The amount of damages can be specified under the terms of the confidentiality agreement or could a court may determine appropriate financial remedy under principles of equity.
Pursuing a Lawsuit After Filing an NDA If an employee has been the victim of discrimination or harrassment, they should be able to file a lawsuit to seek financial compensation for resulting damages, even if they previously signed an NDA.