Asked in Business Law for Indiana

Q: How binding is a " Non-Disclosure and Limited Non-Competition Agreement" in the State of Indiana ?

If the person being asked to sign is not under contract to the organization asking.

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Valparaiso, IN
  • Licensed in Indiana

A: It depends on the documents themselves. A Non-Disclosure agreement is usually binding, except in cases where the law would not allow it (such as in mandatory reporting cases, covering up a crime, criminal conspiracy, etc..).

A Non-Competition Agreement or non-compete as most people refer to them are frowned upon but binding in Indiana as long as they are limited in scope, geographic area and time. For example, if you leave an organization that services one county and they seek to limit you competing with them, they can have you sign a non-compete agreement to not provide the services that they provide in that specific county for a set time period such as a year or two. If that organization sought to ban you from ever working in that county again in any job, that is too broad and unlikely to be upheld.

It does not matter if you are under contract to the organization asking or if you work for them or not. Do not sign a non-compete or non-disclosure agreement without reviewing the terms and getting legal advice from legal counsel that you have retained. Your counsel should review the documents in question.

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