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Non Disclosure Form For Employees Template for United States

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Key Requirements PROMPT example:

Non Disclosure Form For Employees

"I need a Non Disclosure Form For Employees for my tech startup that specifically protects our source code and AI algorithms, to be used for all new engineering hires starting January 2025."

Document background
The Non Disclosure Form For Employees is essential for businesses operating in the United States that need to protect their confidential information, intellectual property, and trade secrets. This document is typically presented during the hiring process or when an existing employee gains access to sensitive information. It establishes clear guidelines for handling confidential information, defines protected information categories, and outlines the consequences of unauthorized disclosure. The agreement must comply with federal laws such as the Defend Trade Secrets Act and various state-specific requirements regarding employment and trade secret protection.
Suggested Sections

1. Parties: Identification of the employer and employee

2. Background: Context of the agreement and purpose of protecting confidential information

3. Definitions: Clear definitions of confidential information, trade secrets, and other key terms

4. Scope of Confidentiality: Details of what information is protected and obligations regarding its use

5. Duration: Time period for which confidentiality obligations remain in effect

6. Return of Materials: Requirements for returning or destroying confidential information

7. Governing Law: Applicable jurisdiction and law governing the agreement

Optional Sections

1. Non-Solicitation: Optional provisions restricting solicitation of other employees or customers when protecting business relationships is critical

2. Whistleblower Provisions: DTSA-required language about whistleblower immunity, included when trade secrets are specifically protected

3. Intellectual Property Rights: Optional provisions regarding ownership of IP created during employment, included when employee may create IP during employment

4. Dispute Resolution: Optional procedures for handling disputes, included when alternative dispute resolution is preferred

Suggested Schedules

1. Schedule A - Specific Confidential Information: Detailed list of specific confidential information categories

2. Schedule B - Excluded Information: List of information specifically excluded from confidentiality obligations

3. Schedule C - Third Party Information: List of confidential information belonging to third parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform federal protection for trade secrets, including requirements for whistleblower immunity notice in NDAs

Economic Espionage Act: Federal law criminalizing trade secret theft and economic espionage, relevant for defining scope of protected information

National Labor Relations Act (NLRA): Federal law protecting employees' rights to discuss working conditions; NDA must not interfere with these rights

Securities Exchange Act: Federal law relevant for publicly traded companies, affecting disclosure requirements and insider information handling

Federal Whistleblower Protection Laws: Various federal statutes protecting employees who report violations of law to government agencies

Uniform Trade Secrets Act: State-level legislation (adopted by most states with variations) defining trade secrets and their protection

State Employment Laws: Various state-specific regulations governing employment relationships and workplace rights

State Non-Compete Laws: State-specific restrictions on confidentiality and non-compete provisions in employment agreements

State Whistleblower Laws: State-specific protections for employees who report violations of law or public policy

Anti-Sexual Harassment NDA Laws: State laws (like California's STAND Act) restricting use of NDAs in sexual harassment cases

Reasonable Scope Requirements: Legal principle requiring NDAs to have reasonable temporal and geographic limitations

Consideration Doctrine: Legal requirement that existing employees must receive additional consideration for signing NDAs post-employment

At-Will Employment Doctrine: Legal principle affecting how NDAs interact with employment termination rights

Severability Principle: Legal doctrine allowing remainder of NDA to survive if certain provisions are found unenforceable

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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