What constitutes a trade secret in a work sample?

Trade secrets include non-public financial data, proprietary algorithms, internal marketing strategies, customer lists, and unpublished product roadmaps that provide a competitive advantage.

How can I safely present work samples without violating an NDA?

Redact all sensitive information, use anonymized data sets, focus on the methodology rather than the specific output, and ensure the work is not subject to specific intellectual property assignment clauses.

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 stop me from using my own work samples in job interviews?

Generally, no. An NDA cannot legally prevent you from demonstrating your general skills, knowledge, or experience. However, it can prohibit you from disclosing specific trade secrets, proprietary data, or confidential client information belonging to your former employer. You must distinguish between your personal professional expertise and your employer's protected intellectual property.

Understanding the Legal Boundaries of NDAs

Employment agreements often contain broad confidentiality clauses, but these are not absolute. Courts consistently rule that an employer cannot use an NDA to prevent an employee from practicing their trade or utilizing their general professional knowledge. If a clause effectively prevents you from working in your field, it may be deemed an unenforceable restraint of trade.

Distinguishing Skills vs. Secrets

To navigate this, you must categorize your work samples into two buckets: Transferable Skills and Proprietary Information.

Transferable Skills: Your ability to write code, design a marketing funnel, or manage a project lifecycle. These are yours to demonstrate.
Proprietary Information: Specific data sets, internal financial projections, client lists, or unique, non-public methodologies developed specifically for your former employer. These are restricted.

Key takeaway: If you can explain the 'how' without revealing the 'what' (the specific data or secret), you are generally on safe legal ground.

Action Item: Audit your portfolio. If a document contains a company logo, internal metrics, or proprietary code, remove or redact it immediately.

The Risk Assessment Table

Use this table to determine if your work sample is safe to share during an interview.

Work Sample Type	Risk Level	Action Required
Publicly available marketing materials	Low	None
Anonymized case studies	Low	Ensure no client names are used
Internal strategy documents	High	Do not share
Proprietary source code	High	Do not share

How to Safely Present Your Work

When you need to prove your capabilities without breaching your contract, follow this systematic approach:

Redact Sensitive Data: Replace real client names with placeholders (e.g., "Client A") and scrub all financial figures or internal identifiers.
Focus on Methodology: Explain the process you used to solve a problem rather than the specific result achieved for the company.
Use Publicly Available Work: Prioritize samples that were already published or presented in public forums.
Create 'Clean' Samples: If you cannot use the original work, create a mock-up or a personal project that demonstrates the same technical proficiency.

Jurisdictional Considerations

Jurisdictions like California (under Business and Professions Code Section 16600) have extremely strong protections for employee mobility. In these states, courts are highly skeptical of NDAs that act as de facto non-competes. Conversely, in states with more employer-friendly laws, you should exercise higher caution regarding the definition of 'confidential information' in your specific contract.

Key takeaway: Always check your contract for an 'Intellectual Property Assignment' clause. If the work was created on company time with company resources, the company may own the copyright, even if you are allowed to discuss the skills used.

Action Item: Before your next interview, review the 'Confidentiality' and 'Intellectual Property' sections of your employment agreement to identify the exact definitions used by your former employer.

When to Seek Legal Counsel

If your work involves highly sensitive technical data or if you are moving to a direct competitor, the risk of litigation increases. If you are unsure whether a specific sample crosses the line, do not risk it. A breach of contract lawsuit can cost upwards of $20,000 in legal fees and cause irreparable damage to your professional reputation.

TermScore helps you navigate these complexities by automatically analyzing your employment contracts to flag restrictive covenants and confidentiality clauses. By uploading your agreement, you can receive an instant breakdown of what you are legally permitted to share, allowing you to interview with confidence and clarity.