This is because employees in key positions who have access to confidential information, such as a company`s business secrets, can inevitably be acquired by employees. In cases where the employee resigns, he or she somehow takes away the confidential information. A problem arises when a competitor can hire the employee and obtain the worker`s classified information, including the former employer`s clients and clients, giving the employee a lesser advantage. Another consideration may be that the employee can start his own business, which may lead him to compete with the former employer, including the theft of customers who offer them a better offer, to the detriment of the former employer. A non-complete clause or agreement is a clause or agreement by which a party, usually a worker, refuses to create or create a similar business that could run against the employer and helps protect the employer from such incidents. This simple PDF competition exemption agreement guarantees any problems that may arise in the above cases. Use this PDF for non-competitive chords and modify it to suit your preferences and conflicts. Know-how does not always refer to secret information. Sometimes this means a certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. For example, a collaborator`s know-how may be required to train other collaborators in how to make or use an invention. Although know-how is a combination of secret and non-secret information, we recommend that you treat it as a protective trade secret.

If you pass on the know-how to employees or contractors, you use a confidentiality agreement. If your employees are in contact with information that would be detrimental to your company or organization, if it was made available to the public or competitors, and if the information is not available elsewhere, you should consider using a confidentiality agreement form to quickly obtain a confidentiality agreement. In some cases, a company subject to your confidentiality agreement may request the right to exclude information that will be developed independently after disclosure. In other words, the company may wish to modify the subsection (b) to read, „b) was independently discovered or established by the receiving party before or after disclosure by the part of the publication.“ In a California case, a court ruled that employees who have left a business can use their former employer`s mailing list to send an announcement of their change to former customers. The former employer`s mailing list was not a trade secret, since: (1) Customers became known to ex-employees through personal contact; and (2) the use of the client list simply avoided the minor inconvenience caused by searching for customers` addresses and phone numbers. In other words, the information was easy to pin down. Moss, Adams – Co. v. Schilling, 179 Cal.