Employee Confidentiality, Non-solicitation, and Non-competition Agreement

Summary

This template is a pre-hire confidentiality, non-solicitation, and non-compete agreement for use by an employer and a prospective employee. This template includes practical guidance, drafting notes and alternate clauses. The template addresses the employee's non-disclosure, non-compete, and non-solicitation obligations with respect to the employer. It is not, however, the employment agreement between the parties and therefore does not address the employee's compensation and duties, which would be contained in a separate agreement. If the parties enter into a separate employment agreement, ensure that the terms thereof are fully consistent with the terms of this agreement. The creation of an employment relationship serves as consideration for these restrictive covenants. The definition of confidential information in this template is stated broadly, and in a manner generally favorable to the interests of the employer. However a more detailed description may be advisable where an employee is expected to have access to particularly sensitive information. With regard to the non-compete and non-solicitation clauses, the content and enforceability of such clauses are governed by state law, and may therefore vary significantly. For additional guidance, see Confidential Information Protections, Confidentiality Agreements, Restrictive Covenants and Confidential Information Protection, and Non-competition and Non-solicitation Clauses.