An Employee Exit Non Disclosure Agreement is essential when an employee who has had access to sensitive information leaves an organization. This document, governed by U.S. federal and state laws, ensures continued protection of trade secrets, intellectual property, and other confidential information after employment ends. It typically includes specific definitions of confidential information, duration of obligations, return of company property requirements, and acknowledgment of ongoing responsibilities. The agreement must balance corporate protection with employee rights, including whistleblower provisions under the Defend Trade Secrets Act.
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1. Parties: Identification of the employer and departing employee
2. Background: Context of employment relationship and termination
3. Definitions: Key terms including 'Confidential Information', 'Trade Secrets', 'Proprietary Information'
4. Confidentiality Obligations: Core obligations regarding non-disclosure of confidential information
5. Return of Property: Requirements for returning company property and information
6. Duration: Time period for which obligations remain in effect
7. Governing Law: Applicable jurisdiction and law
1. Non-Disparagement: Mutual or one-way agreement not to make negative statements about the company or its personnel
2. Severance Benefits: Details of any separation payments or benefits tied to the agreement
3. Dispute Resolution: Specific procedures for handling disputes including mediation or arbitration requirements
1. Schedule A - Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule B - Company Property: Inventory of company property to be returned by the departing employee
3. Schedule C - Acknowledgment Form: Form confirming return of all company property and information
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