Your successful business has an excellent business model. You have wonderful staff, clients, suppliers, systems and know-how. You are the only person that knows who they all are and how it all works. Someone wants to work with you as an employee. But first, you have to share some of those secrets. They may also have to share some secrets about what they do. Pre-employment Confidentiality Agreement the rescue.
1. Non-compete agreement (NCA)
2. Confidentiality agreement (Confi)
3. Confidential disclosure agreement (CDA)
4. Proprietary information agreement
5. Secrecy agreement
6. Mutual Confidentiality agreement
7. Non-use agreement
1. stealing and sharing your secrets with competitors?
2. headhunting your staff?
3. using your plans?
4. using your secrets?
The other side also wants to keep everything secret. The answer: build a Pre-employment Confidentiality Agreement.
A Pre-employment Confidentiality Agreement is a promise not to disclose confidential information about one another.
Examples of ‘confidential information’ and ‘secrets’ are:
1. business strategies
2. business models
3. intellectual property
4. negotiations as to how much you pay employees
5. the winner of a reality television show that is yet to air
6. trade secrets
7. government secrets
8. celebrity secrets
9. a scandalous relationship that is not public knowledge
10. something that is not of public knowledge and is of value to you or your business
11. how to build an electric car for under $10,000
12. how to create a successful online business in other countries
Use a Pre-employment Confidentiality Agreement when you, your company or business discloses confidential information or secrets to potential employees. Pre-employment Confidentiality Agreements are commonly used before you employ someone. This is because is often necessary to share secrets.
Some Pre-employment Confidentiality Agreements are only ‘one-sided’. This means only one party is protected. However, our law firm’s Pre-employment Confidentiality Agreement protects multiple parties – it protects everyone who is party to the agreement. It builds trusts between the parties. Everyone is treated equally.
Our Non-Discloser Agreement is extremely protective of your position. The “confi” is not weakened by being two-way protection.
When an employer is talking to a potential employee the employer may be of the view that they just want a one way NDA. This is because the employer believes the potential employee is handing over no confidential information. That is not true. We disagree that the potential employee is disclosing nothing to the employer. The fact that an employer is talking to a potential employee is confidential to that employee. The fact that you are talking to that person as a potential employee is private to the potential employee. The potential employee wants this fact to be kept private so that you can not share that information.
Also, the potential employee is generally more comfortable signing a two way NDA. Our law firm has taken this approach since 1988.
For more legal advice telephone us. We are a law firm. We can help you answer the questions.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide Intellectual Property lawyers
Mobile: 0477 796 959
Direct: 08 6389 0400
National: 1800 141 612
Email: [email protected]