Can an employer enforce a non-disclosure and confidentiality agreement regarding severence on a former employee’s family and their attorney?
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Can an employer enforce a non-disclosure and confidentiality agreement regarding severence on a former employee’s family and their attorney?
If so, how?
Asked on July 4, 2015 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It can only be enforced on the person (the employee) who signed it--contracts are enforceable only against their parties. However, if the employee breached its terms and, for example, disclosed information which he should have, the employer may be able to recover that money from the employee's family, if it was transferred to them (or if the employee passed away, they could recover it from their estate).
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