Labor & employment associate Douglas Brayley (Boston) discussed employment confidentiality and non-disclosure agreements (NDAs) amidst recent sexual harassment allegations against top executives in a Society for Human Resource Management Oct. 26 HR Daily article.
Mr. Brayley explains that businesses often have new employees sign NDAs to protect trade secrets and confidential business information but confidentiality agreements are also used at the end of employment engagements along with a severance package.
Since severance agreements can be deemed unenforceable it they prevent an employee from participating in a criminal investigation, he advises employers to state that nothing in the confidentiality agreement prevents the person from cooperating with a government investigation.
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