If I was hired for sales and signed an NDA, can I use the script for myself?

UPDATED: Sep 30, 2022

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If I was hired for sales and signed an NDA, can I use the script for myself?

Now I’m starting my own company and want to give my salespeople the script I used when I was with the company I used to work for. I also signed a contractor

agreement with the original company that had a clause in it for confidentiality.

Asked on September 14, 2016 under Business Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The agreements you describe are enforceable at law: if you violate them, your then-former-employer could sue you for monetary compensation for your use of the material and/or for a court order barring you from using it. You have to review the agreements you signed--while such agreements are, as stated, enforceable, they don't go further than their actual terms. If under their terms, you can sue this script, you can; but if their terms prohibit you from using it, you will be inviting legal action.

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