How to Edit a Confidentiality Agreement
Confidentiality agreements are contracts made between an employer and an employee that specify that the employee may not discuss or share any of the information they obtain from their employment relationship outside of employment. For instance, an employee may not learn a company's trade secrets, leave the job, and then share the trade secrets with a competitor. These contracts typically include a provision that explains any repercussions a current or former employee will face if they violate the terms of the agreement. Editing these documents may involve an additional legal concept known as "consideration."
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Instructions
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Draft an amendment to the confidentiality agreement. The amendment should be written like the first agreement, and outline specifically what is changing between the two agreements. Refer to provisions of the former agreement explicitly. For instance, write "This amendment modifies provision 2 paragraph 3 of the Confidentiality Agreement to read:" followed by the new terms you wish to include.
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Provide additional consideration to your employee if the new, edited confidentiality agreement further limits the employee's rights. Consideration is a legal concept that refers to the exchange of promises in a contract. For instance, if the new agreement requires that the employee keep any information learned during employment confidential for a longer period of time than was specified in the original contract, you should include a small pay raise with the new agreement. Absent new consideration, it is possible that a court would view your agreement as an unenforceable, unilateral contract.
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Sign and date the confidentiality agreement amendment, and have your employee do the same. The amendment is not valid unless it is signed and dated by both parties. A notary's signature is not necessary.
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Provide the employee with a copy of the amendment for her records, and retain the original with the former confidentiality agreement in the employee's file.
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Tips & Warnings
Offering a small raise with the new agreement not only will make your amendment more likely to be legally valid, it will also make your employees more likely to sign the agreement. Employees may freely refuse to sign any amendments to any of their employment contracts, so you should provide an incentive for them to agree to any changes.
References
- Photo Credit signing a contract image by William Berry from Fotolia.com
