As news reports continuously tell us, many people have recently lost their jobs and are now seeking replacement jobs.
Employees, consultants, and business partners of technology-related companies often sign non-disclosure and non-compete agreements. Hence, technology workers seeking new positions and technology employers seeking new hires should verify that the new position will not violate a non-compete or confidentiality agreement with a former employer.
The enforceability of non-competes and confidentiality agreements depends largely on state law. While some states such as California refuse to enforce most non-competes, other states do enforce non-compete agreements as long as the non-compete is reasonable in scope.
Non-disclosure and confidentiality agreements are more universally enforced. In an employer-employee non-disclosure agreement or confidentiality agreement, the employer agrees not to disclose nor use the trade secrets and confidential information of the employer. So for example, if you hire a software programmer who previously worked for a competitor, you need to be certain that your new programmer doesn’t use or incorporate any of your competitor’s trade secrets into your work environment and products.
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