Due to our many years of experience in dealing with issues related to business and commercial law, we here at the law offices of Levi Williams, P.A. are well aware of the many intricacies of confidentiality agreements. When many in Fort Lauderdale sign them, they do so believing that its restrictions pertain only to the sharing of confidential company or employee information. What they may not understand is that these contracts can extend to far beyond simply keeping one from disclosing trade secrets. In this post, we'll examine the extent to which a confidentiality agreement can be enforced, as well as potential ways one can challenge its enforcement.
Per the official site for the Florida State Legislature, section 506 of the state's evidence code describes the law in relation to non-disclosure agreements as the right of one to refuse others to share trade secrets as long as the privilege is not asserted to cover up fraud or any other criminal activity. In some instances, an employer may go so far as to try and use the protection of a confidentiality agreement to bar a former employee from working for other organizations within the same industry. Such action could have a dramatic effect one's long-term career prospects.
The easiest way to avoid such a scenario may be to ask that a residual clause be included when the original agreement is being structured. Such a clause could allow one the right to pursue other career opportunities within the same industry with the assurance of not disclosing any insider information. If one has already signed an agreement without such a clause, he or she may be able to argue that the agreement’s language was too vague to be enforceable.
To learn more about resolving contractual disputes, visit our Corporate Law page.