Law & Legal & Attorney Contract Law

What Are the Rules on the Confidentiality of Employment Contracts?

    Confidentiality Agreements Must Be Specific

    • If an employer wants any information, including the existence of the employment contract itself, to be confidential, he must specifically list it in the employment agreement. If the employment agreement does not mention a type of information and the employee discloses it, the employer cannot claim the contract was breached or take action against the employee.

    Exceptions to Confidentiality Requirements

    • Most employment agreements make exceptions to confidentiality requirements in certain cases. Common exceptions are business-related information the employee can prove he had prior to employment and information leaked to the public through no fault of the employee. These exceptions must also be spelled out in the employment contract.

    Establish Time Period for Confidentiality

    • It is important to specify dates during which information may not be disclosed. Employees are generally free to disclose information after the time period has elapsed, so employers should specify the type of information that may be disclosed after this period. The agreement should also specify whether the employee is allowed to disclose any information during the course of employment or after termination of employment.

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