Usually the employer will not have a difficult time securing the employee's signature. However, it is important that the employer draft the confidentiality agreement to cover only information that is truly confidential. If the agreement is too broad, covering information which a court will not deem confidential, the agreement will not be enforced. The fact that the information is treated by agreement as confidential does not mean the courts will treat it as such. The employer must treat the information confidential in its operations before a court will enforce a confidentiality agreement to do so.
Citations are available upon request.