Employers cannot be shielded from certain forms of illegal behavior in the workplace just because the employees are subject to a non-disclosure agreement.
Portland, ME – Many employees have to agree to certain conditions as part of their agreement to work for an employer. One of the more common agreements that is used in the business world is a non-disclosure agreement. In many situations, the employee does not have much of a choice whether to agree to its terms if they want to take a job with the company. However, in most cases, following the terms of the agreement should not be a problem as long as the employer is acting within the boundaries of the law. An attorney who deals with labor issues in Maine can review any specific agreement’s terms.
What is a non-disclosure agreement?
This is a contract that prevents the worker from disclosing various kinds of inside information that they were able to access during the course of their employment. Things like intellectual property, patents, trade secrets, and various business relationships may be covered in the non-disclosure agreement. The main purpose of such a document is that competitors should not be able to gain an unfair advantage over a company simply by having access to a former employee. Those who have previously worked for a company are also generally prohibited from engaging in activities that would damage the business through their non-disclosure agreement.
Illegal conduct
Employers cannot be shielded from certain forms of illegal behavior in the workplace just because the employees are subject to a non-disclosure agreement. This means workers can never be prevented from reporting unpaid wages, discrimination, sexual harassment, and other illegal activities by an employer. This is true regardless of the terms of the document, as there is no legal principle that makes certain acts that break the law acceptable because the parties have contracted to do so.
Reviewing the document
When a prospective employee has serious concerns about the terms of their non-disclosure agreement, they should have it reviewed by an independent lawyer before signing. While general labor protections will still apply to the worker, they may have personal reasons for being reluctant about agreeing to the document’s terms. This can vary greatly by industry, as workers in technology for example tend to deal with more highly valuable intellectual property and trade secret issues than those in other industries. If the employee unknowingly violates the document’s terms, it is possible that they can face civil lawsuits and other financial penalties. There may be little opportunity for the employee to defend their actions if they reviewed the document and agreed that they would not violate its terms.
Finding a labor lawyer in Maine
USAttorneys.com is a site that helps people with legal issues throughout the entire country. Anyone who needs to speak with an employment attorney in Portland or other cities can use the directory to find a local lawyer.
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