On Mon, 30 Jun 2003 13:44:29 PDT, Andre Hedrick said:
>
> Now you are being silly, and I have to stop because your lack of
> seriousness.
>
> You can not talk about what you see or hear.
>
> What is not clear?
It's a general rule that clauses in a contract (which an NDA is) are null and
unenforcable if they compel you to do something illegal. In addition, clauses
can be held unenforcable if they are "unconscionable", i.e. if they compel you
to do something totally out of line and unreasonable. This is why almost all
contracts have a separability clause.
"Thou shalt not tell the ingredients of the secret sauce" is enforcable.
"Thou shalt not tell others that the secret sauce contains high levels of
dangerous carcinogens" is unconscionable.
Also, note that the Sarbanes-Oxley Act provides a lot of protection for
whistleblowers: http://www.workindex.com/editorial/expert/expview.asp
on top of the usual legal havens.
On Mon, 30 Jun 2003 16:55:56 -0400, "Trever L. Adams" said:
> I have also had to sign contracts that require I do not disclose
> anything I learn on the job, except to law enforcement personnel.
> Andre's situation may be like this. Sure, he can report it, but he
> can't talk about it to anyone else!
See? That's my point exactly - you *weren't* prohibited from reporting illegal
activity.
This archive was generated by hypermail 2b29 : Mon Jun 30 2003 - 22:00:34 EST