Disputes related to employee non-disclosure agreements (NDAs) can be sensitive, especially when they involve the protection of confidential information. To address these disputes effectively, it’s important to approach them with both legal clarity and strategic awareness.

First, the starting point is the NDA itself. The agreement should be clear, specific, and tailored to the nature of the business. If a dispute arises, the first step is to review the exact terms of the NDA; what information is protected, the duration of the obligation, and the consequences of a breach. This helps determine whether the employee’s actions actually violate the agreement.

Second, it’s often advisable to address the issue directly with the employee, either through internal discussions or formal written communication. In some cases, the matter can be resolved informally if the employee agrees to cease the breach and take corrective actions, such as deleting or returning confidential files.

If the issue cannot be resolved internally, the company may need to take legal action. This could include seeking an injunction to stop the disclosure or misuse of information, and potentially suing for damages if the breach caused harm. Courts usually enforce NDAs when they are reasonable in scope and duration, and when the company can show that the information in question is truly confidential.

At the same time, it’s important to document everything and ensure that the company has followed fair procedures, especially if disciplinary measures or termination are considered. This helps reduce the risk of a wrongful termination claim.

Lastly, these disputes also offer an opportunity to strengthen internal practices. Providing regular training on confidentiality obligations, limiting access to sensitive data, and updating NDAs when roles change can help prevent future issues.

In short, addressing NDA disputes involves a careful review of the agreement, open communication, legal action when necessary, and a commitment to strong internal controls. This approach protects the business while maintaining professionalism and fairness.