What to Know About Non-Disclosure Agreements in Virginia

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Businesses use non-disclosure agreements to protect their company’s intellectual property and confidential information.

If you are asked to sign a non-disclosure agreement or if you are an employee or employer who is being accused of violating a non-disclosure agreement, it is important that you retain the services of an experienced employment attorney who can assist you in the legal process.

In addition, if you are looking for assistance drafting a non-disclosure agreement, please reach out to our firm today.

What is an NDA?

By signing a non-disclosure agreement, the employee is being held legally responsible for keeping the company’s information confidential. Signing this document means that employees are held responsible for ensuring the information obtained and held by the company is kept private.

Employers often require employees to sign these agreements to protect all of the information the employer deems confidential. Under state and federal law, generally only a company’s trade secrets are protected. As a result, company’s require employees to sign non-disclosure agreements or NDAs to ensure that all of their confidential information is protected (in addition to trade secrets).

What can a non-disclosure agreement protect?

A business will request its employees to sign a non-disclosure agreement as an effort to protect confidential information including the following:

  • Client information
  • Intellectual property
  • Marketing plans
  • Trade secrets
  • Information about new products or services
  • Financial information
  • Research and development

Businesses may request their employees to sign a non-disclosure agreement upon hiring them or upon sharing information with them.

What will happen when someone violates a non-disclosure agreement?

A non-disclosure agreement may state the penalties for either party violating the agreement. The individual who breached this agreement can be held liable. The theft of information or breach of confidentiality will need to be investigated. When an employer suspects an employee of violating a non-disclosure agreement, the employer may pursue damages for the breach of contract, patent or copyright infringement, misappropriation of trade secrets, breach of fiduciary duty, and more.

Whether you are an employee being accused of violating a non-disclosure agreement, or you are an employer who is looking to hold an employee liable for violating a non-disclosure agreement, it is important that you retain the services of an experienced employment attorney who can assist you in the legal process ahead.

CONTACT OUR EMPLOYMENT ATTORNEY

At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. To discuss your case, do not hesitate to contact Passero Employment Law today.

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