- December 21, 2020
- Posted by: samdenis
Years later, in 2015, the precedents of the Macktal case were invoked in the Harry Barko v. KBR case, culminating in the SEC`s landmark enforcement order, which banned confidentiality agreements in the United States. Many people have provided information to the government, although they have signed an employment contract that excludes some form of activity. The documents produced by their employer were even made available to the government as part of their disclosure, although the agreement was reached. So the question is, for you, if you`re thinking of blowing the whistle, but you have one of these confidentiality agreements, or maybe you leave the company on your terms or unintentionally, and they ask you to sign one, what do you do? According to Rule 21F-17, “no one can take steps to prevent a person from communicating directly with Commission staff about a possible violation of securities law, including the application or application of a threatening confidentiality agreement… these communications. When an employer and a worker enter into an agreement to settle a workplace dispute, they could use an NDA to keep one of the following confidential commitments: hush money payments, such as payments to Joe Macktal for his cooperation, are coercive and illegal agreements to silence whistleblowers who may be in emotional and financial difficulty because they are trying to disclose wrongdoing in their business. Following the success of the Macktal case, transaction agreements must be approved by the government to protect an informant`s right to come forward and safely report evidence of fraud, waste or abuse. However, there are significant limits to the scope of confidentiality clauses. They cannot prevent people from making protected revelations (i.e. blowing the whistle), even if that is said at first glance of the clause. In addition, they should not be used to prevent people from reporting cases to the police or cooperating with police investigations – and any lawyer who drafted a clause attempting to do so could commit malpractice after the solicitors` regulator notified the police last year.