How can I avoid being accused of breaching a NDA or NCC?

In this startup society we live in, it’s commonplace for a job offer to come with strings attached. Now more than ever, employers are having their workers sign either a nondisclosure agreement (NDA) or noncompete clause (NCC) or both as a way of protecting their interests.

In the excitement of being extended a job offer, you may feel that signing one of these carries carries no risk. This couldn’t be further from the case though.

At the very least, it can make it difficult for you to switch jobs. Few individuals realize what they’re signing and, even if they have an idea, they don’t truly believe that an employer will ever attempt to enforce the document. Even fewer people realize that they can be negotiated so that they protect your interests as well.

When you sign an NDA, you’re agreeing to not share any client details, trade secrets or any other information related to what you do for your employer. It’s often used to prevent employees from taking company clients with them when they switch employers.

In contrast, a NCC protects your employer from being competed with by you once you switch jobs. Generally, it limits an employee’s future job prospects geographically or for a specific period of time with a particular field.

If your job role has changed significantly since the time you were originally asked to sign the agreement, then it’s likely that it will be difficult for your employer to enforce it. This is one of the reasons that companies often have their employees sign updated NDAs or NCCs in order to receive a promotion.

If your employer decides to use a generic document for all of its employees, you may still be able to negotiate terms. Asking an employer to reduce the length of effectiveness or the geographic scope or even negotiating to receive pay while you’re unable to work may be viable options.

If your employer accuses you of having broken either your NDA or NCC, then you can expect them to invest significant time and resources in litigation over the matter. Before signing a any kind of binding employement contract, you may find it helpful to consult with a Melbourne breach of contract attorney. In doing so, he or she can advise you of ways to protect your own interests when signing such an agreement.

Source: The Muse, “4 things to know before signing an NDA or NCC,” Vernon Gunnarson, accessed Dec. 11, 2017


To Our Valuable Clients:

The federal government has recently enacted legislation to assist citizens and businesses facing uncertain financial challenges due to COVID-19. We are here to help answer questions and guide you through the details of the various processes to procure financial assistance from our government. The acts are very new and more will probably be coming. But they currently provide for dollar for dollar tax credits for payroll for COVID19 related payroll, cash advances and loans that have tremendously favorable terms and in some cases, total forgiveness of the debt.

Please stay as safe as possible during this terrible crisis and if we can help you with questions about the new federal assistance laws, please contact us.

We Can Tailor A Solution To Meet Your Needs.

  • Fields marked with an * are required
  • Disclaimer | Privacy Policy
  • This field is for validation purposes and should be left unchanged.

  • Fields marked with an * are required
  • Disclaimer | Privacy Policy
  • This field is for validation purposes and should be left unchanged.