New Jersey Non-Disclosure Agreement Attorneys
You have spent hours and money training your employees. That’s what employers have to do to stay in business.
As an employee, you have (or may be) asked to sign a non-disclosure agreement or else be “fired”. Can you refuse to sign? As an employee, what rights do you have to address an oppressive, unreasonable non-disclosure agreement?
As an employer, how do you protect your business from employees who want to take your confidential and protected information to unfairly compete against you?
An appropriately drafted non-disclosure of confidential and proprietary information agreement can protect your business from employees who use or share your confidential and proprietary information with your competitors. However, employees also have the right to refuse unconscionable employee restrictions and covenants. At Hanlon Niemann & Wright, our attorneys advise employers and employees about problems that can create liability and legal difficulties now and in the future.
Are Restrictive Covenants in the Workplace Enforceable in NJ?
“Agreements not to compete” are now generally unenforceable. New Jersey protects an individual’s right to pursue one’s profession or livelihood, and a covenant not to compete following the termination of employment is critically evaluated and will not be enforced.
Trade Secrets and Non-Disclosure Agreements
The NJ Supreme Court has identified six factors to determine what is a protect-able trade secret: Factor (1) is the extent to which the information is known outside of the business; (2) the extent to which this information is known by employees and others involved in the business; (3) efforts made by the employer to guard the secrecy of the information; (4) the value of the information to the business and competitors; (5) the effort or money spent in developing it; and (6) the ease or difficulty others would have in duplicating or acquiring the information.
The scope and duration of the agreement are also relevant in determining whether it may be enforced.
NJ Employment Law and Covenants Not to Compete Video
What Should You Do as an Employee Who is Asked to Sign a Non-Disclosure Agreement?
Call us right away. Not all employees should be asked to sign a non-compete agreement. Employees who are not upper management and do not have a unique function in the company should typically not be asked to sign a restrictive agreement, as it is difficult to establish a legitimate business purpose for doing so and may prevent the individual from making a living.
If you need advice or have questions about restrictive employment or covenants or non-compete agreements in NJ, call Fredrick P. Niemann at (732) 863-9900 or e-mail him at fniemann@hnlawfirm.com.
Don’t let New Jersey’s complex employment laws keep you from exercising your rights.
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Employment Law Attorney
NJ Employment Law Attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Camden County, Mercer County, Middlesex County,
Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County</