Should This Nondisclosure Agreement Be Signed?
Want to work for President Trump? Apparently, it will take three signed the agreement on non-disclosure of s s threatened that he will ruin you financially and legally, if you ever – ever choose to break it (no pressure!).
NDAs are more common than you think (although signing an agreement with serious consequences, such as completely destroying your life, is probably less likely). If you work for a trade secret company, you will likely sign an NDA in one form or another. But is it worth accepting them unconditionally?
I spoke to Marjorie Mesidor , a workplace discrimination lawyer and partner at Phillips & Associates, about everything to do with NDAs , how you might get out of one after signing one, and what to look for when considering one for new concert.
Why do companies have nondisclosure agreements?
Usually the NDA exists because the company does not want any sensitive information to be disclosed to the public, Mesidora said. This includes things like trade secrets, customer lists, and business practices (which makes sense – you still don’t want to spread these secrets if you don’t want to sacrifice your career).
“This is part of what can give them some kind of consumer advantage,” she said. “Simply put, the Coca-Cola formula is confidential information. People who know the formula will have to sign a nondisclosure agreement regarding its existence. “
But Mesidor mentioned that non-disclosure agreements cover more than just business practices; they can now extend to things as simple as social interactions in the office.
“As people come forward and describe their particular workplace environment, how homophobic, sexist, racist or other hostile work environment has become, more and more employers are pushing the NDA as a way to protect themselves or their company’s reputation,” she said.
In other words, it keeps companies from getting into trouble with what is happening in the office (no matter how serious).
Can I negotiate an agreement?
Differently. Unless you’re hiring a lot of employees, Mesidora said, your bargaining power is usually limited when moving to a new job.
However, if possible, you should always bring in a lawyer to review the agreement. “Very often these agreements come with a pile of job or orientation papers and people don’t even read them,” she said. “They just start signing. Whether you are reading this or not, you will be held accountable as if [you] deeply understood this and the way it was written. “
So what should you look for when signing an NDA? First, the definition and breadth of confidential information . According to Mesidor, if the definition of information you must keep secret is too broad, it may not actually be enforceable in court (so the wider the better in your case).
And notice the term. Is a nondisclosure agreement life-long? Or does he have a strict two-year sentence? A shorter time frame works in your favor if you want to speak freely or talk about confidential information.
Can I violate the NDA?
Yes, but you may face legal consequences (in most cases monetary fines. Imprisonment does not pose a real threat). Again, if the contract is too vague or expired, you may well terminate it. According to NPR , if the information you’re keeping secret is in the public domain, you’re probably fine as well. The NDA also never prohibits you from talking to law enforcement if the situation calls for it.
Of course, there are whistleblower laws as well. You can safely report corruption or fraud, although this is incredibly subtle and depends on the industry in which you work (resources can be found at the National Whistleblower Center ).
In the wake of the #MeToo movement, a number of states have also passed laws restricting any use of non-disclosure agreements when it comes to sexual harassment .
Should I accept a nondisclosure agreement for this job?
More often than not, this can be a simple company policy, so chances are you are fine. If the NDA is about more than just proprietary information, it could also just be company policy, but it doesn’t hurt to pay attention to the workplace itself during the interview or wait for the agreement to be signed. “If problems arise in the workplace, they will raise their ugly head for more than just their presence in a non-disclosure agreement,” added Mesidor. So take the time to check out your new workplace in the first few days.
Have presidents done this before?
Sometimes. Both Obama and Clinton did not require an NDA from White House employees (with a few noted exceptions ). However, according to the Washington Post , Trump is the very first president to have nondisclosure agreements that contain conditions that don’t end with his presidency. In other words, he maintains the silence of his staff indefinitely, even after leaving the White House.
Is Trump Crazy?
Yes, yes, he is. Will we ever be able to learn something from senior White House officials or interns? Well, given that Omarosa Manigo-Newman , his former employee, wrote a book about her time in the White House, nondisclosure agreements may not be enforceable (and perhaps even violate First Amendment laws).
And recently, a former Trump campaigner even filed a class action lawsuit in an attempt to revoke all campaigners’ NDAs. It looks like we’ll be hearing (and reading) a lot from Trump employees very soon.