How Can an Employer Enforce a Non-Disclosure Agreement After an Employee Leaves?

While California broadly prohibits non-compete agreements, properly drafted non-disclosure agreements (NDAs) remain enforceable.

To enforce an NDA after separation, an employer should:

• Confirm the agreement complies with California law and is not overly broad
• Identify specific confidential information or trade secrets at issue
• Preserve evidence of improper use or disclosure
• Act promptly to prevent further harm

Employers may seek injunctive relief under the California Uniform Trade Secrets Act (CUTSA) and pursue damages where appropriate.

However, overly aggressive enforcement of invalid restrictive covenants can expose the employer to liability. The analysis must be precise.