The Confidentiality Agreement Upon Termination Of Employment is essential when an employee who has had access to sensitive information leaves an organization. It serves to protect trade secrets, intellectual property, and other confidential information from unauthorized disclosure or use after employment ends. This document is particularly important in the United States, where it must comply with federal legislation such as the Defend Trade Secrets Act and state-specific employment laws. It typically includes detailed definitions of confidential information, specific obligations of the departing employee, duration of confidentiality obligations, and procedures for returning company materials.
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1. Parties: Identification of the employer and departing employee
2. Background: Context of employment termination and need for confidentiality
3. Definitions: Clear definitions of confidential information, trade secrets, and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information
5. Employee Obligations: Specific duties regarding confidentiality post-employment
6. Duration: Time period for which confidentiality obligations remain in effect
7. Return of Materials: Requirements for returning company property and documents
8. General Provisions: Standard contract clauses including governing law and jurisdiction
1. Non-Disparagement: Optional provisions for mutual or one-way agreement not to make negative statements, used when protecting company reputation is a priority
2. Severance Benefits: Optional provisions for financial consideration tied to confidentiality obligations, used when additional consideration is being provided
3. Intellectual Property Rights: Optional provisions about IP developed during employment, used when employee had access to or developed IP
4. Dispute Resolution: Optional procedures for handling disputes, used when alternative dispute resolution is preferred
1. Schedule A - Specified Confidential Information: Detailed list of specific confidential information covered
2. Schedule B - Company Materials for Return: Inventory of company property to be returned
3. Schedule C - Acknowledgment of Receipt: Employee's signed confirmation of returning materials
4. Schedule D - Excluded Public Interest Disclosures: List of permitted disclosures under whistleblower and other laws
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