Dad signed an employee NDA. Can he work for competitor?
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Hello! My dad signed an employee NDA with his previous employer and they have since laid him off
Attached is the NDA. I would like to understand how binding this is if he is planning to work for a competitor
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Is there information that he is seeking to disclose that the NDA prohibits him from doing?
He is not seeking to disclose any specific information
He just has 25 years of experience with his old employer (who he signed the NDA with)
And now is hoping to work for a direct competitor in the same industry
Ok got it - do you know whether the agreement also contains a non-compete clause or non-solicitation clause at all?
No neither
Want me to send the document (it is only two pages)
[FILE UPLOAD]
[FILE UPLOAD]
This is the contract Before we go any further, just want to confirm this chat will not cost me any extra money outside of the subscription i pay?
So this chat doesn't cost extra.. The only time it'd be extra is if you need some additional work like a full contract review, for example. One moment...
Thanks for clarifying!
Ok after looking at this, he is not restricted by a non-competition. Without a non-compete then the law wouldn't allow them to stop him. The non-disclosure just means he wouldn't be able to do something like expose trade secrets like secret formulas or marketing plans. So what this means for him is he has no restrictions to move forward so long as he keeps the secrets a secret.
Thank you very much Dolan!! This is very helpful and what i was hoping to hear. He of course would never expose trade secrets or anything like that - but he obviously has experience from working in the industry so long. If his new company competes for the same business as his old company would that ever create a problem?
I hear you! It won't be a problem. l- he didn't appear to sign a non-compete agreement here, meaning that he has no obligation to go to a company that doesn't compete in that space - he's free to leave!
Thanks so much Dolan! Really appreciate your help!
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