Confidentiality Clauses as Lifetime Non-Competes

Some employers draft confidentiality agreements so broadly they function as lifetime non-competes, forbidding you from working in the same industry after leaving.

These agreements rely on the ‘inevitable disclosure’ doctrine, claiming any use of experience or instincts violates confidentiality even without conscious wrongdoing.

Various jurisdictions counter these practices: China mandates 30% salary during non-competes, Brazil 100%, Oregon 50%; California bans non-competes entirely for most roles.

Employees are urged to read and negotiate confidentiality and non-compete clauses, consider garden leave provisions, and seek legal counsel to assess enforceability.

Non-competes are increasingly criticized and regulated as abusive tools that reduce employee bargaining power and stifle innovation.

Broader calls exist to ban or strictly limit overbroad confidentiality and non-disparagement clauses to protect workers’ mobility and rights.