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Confidentiality Clause In An Employment Agreement

September 15, 2021 | By More

A garden leave clause has the consequence that a worker must put an end to his notice at home. During the period of garden leave, the worker would be entitled to his full salary and benefits, while not being able to work for someone else and remaining liable for obligations of good faith and confidentiality. The employer`s goal when imposing garden leave is to preserve the worker`s loyalty while ensuring that the worker does not maintain contact with customers, suppliers, customers and the employer`s confidential information. Employers also use confidentiality agreements to prohibit employees from illegally stealing, abusing, or disclosing the business secrets and confidential information they have access to during their stay with the organization. The agreement aims to prevent the worker from stealing the employer`s protected information or using it in a way that harms the company. The duration of the restriction will often be an important reflection in the development of these alliances. Here, too, the shorter the restriction, the more likely it is that it will be enforceable and subject to scrutiny, which sufficiently protects the company, for example, that employers should realistically consider how long enough will last to ensure relations with the customers who concern them will be threatened if that employee leaves his employment relationship.

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