A Confidentiality Agreement Employee Leaving is essential when an employee with access to sensitive information ends their employment relationship. This document, governed by U.S. federal and state laws, serves to protect trade secrets, intellectual property, and other confidential business information from unauthorized disclosure or use after employment termination. It typically includes specific provisions about the return of company property, ongoing confidentiality obligations, and acknowledgment of continuing duties. The agreement must balance the employer's need to protect proprietary information with employee rights under various federal and state regulations, including whistleblower protections.
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1. Parties: Identification of employer and departing employee
2. Background: Context of employment relationship and reason for agreement
3. Definitions: Key terms including Confidential Information, Trade Secrets, and Intellectual Property
4. Confidentiality Obligations: Core confidentiality requirements and restrictions
5. Return of Company Property: Requirements for returning documents and materials
6. Duration: Time period for confidentiality obligations
7. Governing Law: Applicable jurisdiction and choice of law
1. Non-Solicitation: Restrictions on soliciting employees or customers - used when protecting customer relationships is critical
2. Non-Disparagement: Mutual agreements not to make negative statements - used in senior executive departures or sensitive situations
3. Survival of Other Agreements: Reference to existing agreements that remain in effect - used when other agreements exist with the employee
1. Schedule of Confidential Information: Detailed list of types of confidential information covered
2. Schedule of Company Property: List of items to be returned by the employee
3. Schedule of Existing Agreements: List of other agreements that remain in effect
Relevant legal definitions
Clauses
Confidentiality Obligations
Return of Property
Non-Disclosure
Permitted Disclosures
Duration of Obligations
Intellectual Property Rights
Trade Secrets Protection
Data Protection
Proprietary Rights
Survival of Obligations
Non-Solicitation
Non-Disparagement
Remedies
Injunctive Relief
Governing Law
Jurisdiction
Severability
Amendment
Entire Agreement
Assignment
Notices
Whistleblower Rights
Return of Documents
Acknowledgment
Representations and Warranties
Return of Property
Non-Disclosure
Permitted Disclosures
Duration of Obligations
Intellectual Property Rights
Trade Secrets Protection
Data Protection
Proprietary Rights
Survival of Obligations
Non-Solicitation
Non-Disparagement
Remedies
Injunctive Relief
Governing Law
Jurisdiction
Severability
Amendment
Entire Agreement
Assignment
Notices
Whistleblower Rights
Return of Documents
Acknowledgment
Representations and Warranties
Relevant Industries
Relevant Teams
Relevant Roles
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