In its basic form, an employee confidentiality agreement informs that the employee cannot discuss the information learned in your company outside the office. There are clauses that can be included in your NOA to make them more robust in order to protect your interests. You should consult a lawyer before breaking the conditions of an NOA. If you are bound by an agreement not to disclose trade secrets, it is possible that the language can be interpreted to cover all public statements about what is happening in the workplace, although it is not yet known whether this argument will be valid in court. It is, if anyone wants to keep confidentiality, that an agreement has been reached. The employee`s obligation to maintain the confidentiality and security of confidential information remains in place after the employee`s employment with the company is terminated and continues as long as this confidential information remains a trade secret. · Check the liquidated claims provisions that indicate a cash amount that the employee must pay by violation of an NOA. If this figure is very high, there may be a dynamic where employees are afraid to express themselves about illegal behaviour in companies because they are afraid of being sued. Courts may eject a provision in which damages and penalties for infringements are much greater than the damage suffered by the company in the event of an infringement.
California Law Establishes Trade Secret Ownership. California is unique in that its laws explicitly state that the employer has trade secrets created by a worker. (Cal. Code of Labor art. 2860). However, an employer in California would not have any trade secrets created at the time of an employee without using equipment. Although the law does not impose a contract, it is a good idea to emphasize your position in California using a written agreement. A non-disappearing clause usually prevents an employee from saying something negative about the company, even on social media. Disparage clauses have gained popularity in the startup world, where they are often used to hide sexist culture in the technology industry. If you are subject to a no-disappear clause, it is best not to discuss your employer publicly, and especially not online, where proof of your comments could be stored as evidence of a violation.
Talk to a lawyer to verify the agreement before speaking, even anonymously.