As I was filling out new employee information for a new job, I came across a form titled, "Nondisclosure Agreement." This agreement states that an employee may not "duplicate, disclose, or use in any other manner" "confidential information" which "may include but not be limited to information concerning (Business) business methods and practices, personnel, customers....." "In the event of any actual or threatened breach of this Agreement, in addition to any other legal remedies which may be available, (Business) may seek and obtain injunctive relief against such breach or threatened breach without proof of actual damages..." What shocks me the most about this document is that it seemingly allows the employer to press charges on an employee who publicly discusses unethical business practices. Is this not a blatant violation of the First Amendment? Please state any credentials (i.e. attorney) and please say whether or not this document has any legal legitimacy in the state of NY.
2007-06-12 16:11:05 · 12 answers · asked by Nick 2 in Politics & Government ➔ Law & Ethics
so...did you take the job, I'm dying to know!
2007-06-12 16:18:29 · answer #1 · answered by Lesleann 6 · 0⤊ 0⤋
Like any contract a court would look at the intent behind said contract. The intent behind a nondisclosure agreement is to prevent proprietary knowledge, trade secrets, and the like from being disseminated. This is a fairly standard contract wherein a business is asking you to promise to keep their secrets.
As far as stopping employees from telling on unethical business practices, yes and no. Ethics and legality are two different things, but for illegal acts an individual would have the protection of whistleblower laws as well as the fact that a contract is not enforceable if it entails illegal activities.
2007-06-12 23:21:20 · answer #2 · answered by Iota 4 · 0⤊ 0⤋
Non-disclosure agreements are very common. They protect companies from their intellectual property being stolen.
Something being "unethical" doesn't mean it is illegal.
If you find something illegal going on you can obviously report that and there are usually laws that protect your actions in such cases (ie, "whistle blower" laws).
You have the choice to not take a job with this company and go somewhere else if you do not like their policies. You should find a company that has rules you can handle or open up your own business and make the rules.
2007-06-12 23:49:21 · answer #3 · answered by InReality01 5 · 0⤊ 0⤋
I'm far from a lawyer but it seems that there were whistle-blowing protection laws put into place years ago.
Non-disclosure usually is to enable them to try to stop you if you leak business secrets. I think if there are illegal practices, it would not be binding since the law of the land supecedes any agreement of a company. As to unethical, well, you need to judge for yourself if you wish to be involved with the company or not.
Hopefully some lawyers will jump in and help.
2007-06-12 23:19:24 · answer #4 · answered by DSatt57 5 · 0⤊ 0⤋
I don't think that is exactly what it means. It means selling or revealing elements of the business that are trade secrets like for example if you worked for coca-cola, it would be illegal to go to pepsi and sell them the recipe and manufacturing process in making coke. Coca-cola has a vested interested in the recipe for coke and would be damaged by the recipe becoming known. If there are unethical, illegal business practices and you report them to the district attorney or the proper authority, the company can't take legal action against you. They will be having legal action taken against them.
2007-06-12 23:21:53 · answer #5 · answered by shrugger 4 · 0⤊ 0⤋
No need to present credentials. Anyone who has been in the workplace for a number of years recognizes the terms. They are pretty standard. And, every company has a "non-disclosure" policy...also legal.
If you disagree with a companys policy, you have every right to not take the job. If you sign it and are hired, you are bound by it.
2007-06-13 00:26:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No one can necessarily abuse another's constitutional right. They can legally bind you to secrecy (or SQUELCH your constitutional right to free speech, if you want to call it that). However, if you work for a company, proprietary information must be kept confidential so the company can remain competitive. In other words, you can't tell Pepsi the secret ingredient in Coca-Cola's drinks.
2007-06-12 23:14:26 · answer #7 · answered by Mickey Mouse Spears 7 · 0⤊ 0⤋
No it is not illegal. Why are you going to work there if you are so sure they are unethical? They are barring you from giving away corporate secrets. That's all. It does not ban you from reporting illegal activity.
"Unethical" is a mighty shady concept. Just because you think it might be unethical doesn't make it so.
2007-06-12 23:17:41 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The constitution limits the powers of government not private business
2007-06-12 23:14:15 · answer #9 · answered by October 7 · 0⤊ 0⤋
It's an AGREEMENT. Your rights are not being abused if you AGREE with it. If you don't agree with it, don't sign it and don't work there.
This type of NDA is common in most workplaces in need of protection today.
2007-06-12 23:13:54 · answer #10 · answered by Anonymous · 1⤊ 0⤋
Put yourself in the employer's shoes, you wouldnt want your ideas stolen (illegal) from you and given to a competitor. Its also a blatant crime to steal.
2007-06-12 23:14:16 · answer #11 · answered by takeashot30 4 · 0⤊ 0⤋