What is the difference between a trade secret and general professional skill?

Trade secrets are specific, confidential formulas, processes, or data that provide a competitive advantage. General professional skills are the methodologies, workflows, and technical expertise you have acquired through your career, which remain your property to use in future employment.

How can I tell if a project methodology is protected by an NDA?

If the methodology is publicly known, industry-standard, or relies on your own problem-solving skills, it is likely not protected. If it involves proprietary code, internal financial data, or secret algorithms unique to your employer, it is likely a protected trade secret.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Can an employment NDA legally restrict me from mentioning specific project methodologies during technical job interviews?

Generally, no. While an NDA can protect proprietary trade secrets, it cannot legally prevent you from discussing your general professional skills, experience, or methodologies. Courts consistently rule that employers cannot use NDAs to restrict an employee's right to practice their trade or utilize their general knowledge.

Key takeaway: An NDA is a shield for the employer's specific secrets, not a sword to prevent you from marketing your own professional expertise to future employers.

Understanding the Legal Distinction: Trade Secrets vs. General Skill

The core of this issue lies in the legal distinction between a trade secret and general professional knowledge. Courts in jurisdictions like California (under Business and Professions Code Section 16600) and New York have established that an employer cannot claim ownership over the "skill and knowledge" an employee acquires during their tenure.

What Constitutes a Protected Trade Secret

To be legally enforceable, the information must meet specific criteria. If your methodology does not meet these, the NDA clause is likely overbroad and unenforceable:

Secrecy: The information is not generally known to the public or within the industry.
Economic Value: The information provides an actual or potential economic advantage because it is secret.
Reasonable Efforts: The employer has taken active, documented steps to maintain the secrecy of the information.

What Constitutes General Professional Skill

You are legally permitted to discuss the following during interviews, regardless of NDA language:

Standard industry frameworks (e.g., Agile, Scrum, Kanban).
Common coding languages, libraries, and architectural patterns.
Your personal approach to problem-solving, team leadership, and project management.
General experience gained while working on a project, provided you do not disclose specific, proprietary data.

Risk Assessment Table: What You Can and Cannot Share

Category	Safe to Discuss	High Risk (Avoid)
Methodologies	General workflows, Agile/Scrum processes	Proprietary algorithms or secret internal formulas
Technical Stack	Languages used (Python, Java, etc.)	Specific API keys or internal server architecture
Project Outcomes	Your role and impact on project success	Specific client lists or non-public financial data
Problem Solving	Your approach to technical challenges	Proprietary "secret sauce" intellectual property

Action Item: Before an interview, review your NDA for "non-compete" or "non-solicitation" language that might be disguised as confidentiality. If a clause seems to prevent you from working in your field, it is likely legally suspect.

How to Navigate Technical Interviews Safely

When you are in a high-stakes interview, you can demonstrate your expertise without violating your contractual obligations. Follow this three-step process to maintain compliance:

Generalize the Context: Instead of saying, "I used our proprietary X-Algorithm to solve Y," say, "I utilized standard optimization techniques to improve system latency by 15%."
Focus on the 'How', Not the 'What': Emphasize your thought process, your ability to learn, and your leadership skills. These are your personal assets, not the company's.
Use Publicly Available Examples: If you need to describe a complex project, focus on the challenges you faced and the solutions you implemented using industry-standard tools.

Key takeaway: If you find yourself needing to disclose specific, non-public data to prove your competence, you are likely over-sharing. Focus on the result and your methodology, not the proprietary details.

When to Seek Legal Counsel

If your previous employer has explicitly threatened legal action or if your NDA contains extremely restrictive language (e.g., "prohibits the disclosure of any information learned during employment"), you should consult with an employment attorney. Overbroad NDAs are frequently struck down in court, but you do not want to be the test case.

Action Item: If you are unsure about the enforceability of your contract, use TermScore to perform an automated analysis. TermScore identifies overbroad confidentiality clauses and flags language that may illegally restrict your ability to discuss your professional experience, giving you the clarity needed to interview with confidence.