The HR Non-Disclosure Agreement is a crucial document in U.S. employment relationships where employees have access to sensitive company information. It serves to protect trade secrets, intellectual property, and other confidential business information from unauthorized disclosure or use. This agreement should be implemented at the start of employment or when an existing employee gains access to sensitive information. The document must comply with federal regulations including the Defend Trade Secrets Act and state-specific employment laws, while balancing employee rights under the National Labor Relations Act.
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1. Parties: Identification of the employer and employee
2. Background: Context of the agreement and employment relationship
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property'
4. Confidentiality Obligations: Core obligations regarding non-disclosure and protection of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including whistleblower rights
6. Term and Duration: Duration of confidentiality obligations and survival provisions
7. Return of Materials: Requirements for returning or destroying confidential materials upon termination
8. Remedies: Legal remedies available in case of breach
9. Governing Law: Applicable jurisdiction and law governing the agreement
1. Non-Solicitation: Optional provisions restricting solicitation of employees or customers, if permitted by state law
2. Non-Competition: Optional restrictions on competing activities, subject to state law limitations
3. Intellectual Property Assignment: Provisions for assignment of IP rights to employer, used when employee will create IP
4. Dispute Resolution: Optional arbitration or mediation provisions for resolving disputes
1. Schedule A - Excluded Information: List of information explicitly excluded from confidentiality obligations
2. Schedule B - Specific Confidential Information: Detailed list of specific confidential information covered by the agreement
3. Schedule C - Prior Inventions: List of employee's prior inventions excluded from the agreement
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