What is the difference between a non-compete and a non-disclosure agreement?
A non-compete agreement prevents an individual from working for a competitor or starting a similar business for a certain amount of time after the conclusion of their employment. These agreements may restrict an individual’s ability to work in the same field, even in a different city or state, and are generally very specific in their restrictions. A non-disclosure agreement is a legally binding agreement between two or more parties in which sensitive information is shared. It prevents individuals from sharing trade secrets, confidential information, or other proprietary information with outside parties. It is important to note that non-disclosure agreements are not only limited to business information, but can also be used when personal information is shared. Both non-compete and non-disclosure agreements are legally binding in the state of California, and are enforceable if they are found to be reasonable and not overly restrictive. In order for these agreements to stand up in court, they must be signed by all parties involved, and the individual signing the agreement must understand the terms and conditions of the agreement. It is also important to note that these types of agreements are not allowed in certain instances, such as when an employee is laid off or terminated.
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