Are they silencing you? Part 2

Introduction

There is something obscene when people attempt to silence you. Granted, there are times to remain silent or be confidential, but when you want to sound the alarm because of wrong doing, unprofessional and unethical behaviour, it is damaging, and it is wrong.?

Welcome!

If you are new to my newsletter, ‘Unlearn to learn anew’ welcome.

The birth of the NDA

In this newsletter we continue our exploration on the development of Non Disclosure Agreements, NDAs. Find link here to part 1 - https://docs.google.com/document/d/1qDlgephFNrdVpmXa7aXXee-ebu1aKOBSPLQltKYZJc0/edit?usp=sharing

From a handshake with my word is my bond, then formal written agreements, the NDAs has evolved and has come into its own in the 1940s in maritime law, but the 1980s saw them becoming commonplace to protect trade secrets in the burgeoning tech industry.?

Even with a swift glimpse of NDAs it is clear that secrecy and confidentiality are its main character traits.?

An American based website company stresses the importance of NDAs

An NDA creates the legal framework to protect ideas and information from being stolen or shared with competitors or third parties. Breaking an NDA agreement triggers a host of legal ramifications, including lawsuits, financial penalties, and even criminal charges. NDAs offer a level of protection to your business so that even accidental breaches are covered. Non-Disclosure Agreements: Complete NDA Guide | Ironclad (ironcladapp.com)

On one hand, it is obvious, and makes sense, to protect your business and to prevent people running off with your hard won ideas and profiting from them by making your ideas their own. Ironclad, states there are three main functions of an NDA:

1. Identifying protected information
2. Protecting sensitive information
3. Protecting patent rights?

As you can imagine, given the complexity of the business world and knowing the unpredictable nature of people, NDAs have different criteria depending on the nature of the business. For example, will the NDA be unilateral, where only one party agrees not to reveal certain information, or a mutual NDA where both sides agree not to divulge any information to any third party.?

On the other hand, the use of NDAs, like most things in life, has morphed into something other than its original intention.?

A typical NDA story

I recall having a conversation with my friend about four years ago whotold me how she was dismissed from her workplace. She received a phone call on the final workday before Christmas telling her not to return to work in the New year, and on no account was she to talk with anyone who still worked at the organisation. Even her phone was set up so that if anyone called her the call went straight to voicemail.

At the start of the NewYear, and after a conversation with HR. where there had been ‘issues’ raised about her performance, which were never raised at her appraisal, or ever by her manager as matters of concern, she was made to sign a NDA. Her industrious and prolific? fifteen year chapter ended. Obviously, there is a backdrop to this story which I have played out over the last few weeks in my broadcast, but a summary here will suffice.?

The improper use of NDAs

My friend had been a leading employee for many years winning numerous awards and prizes at her workplace. She was seconded to another department where she was beginning to excel. A few months later someone who had been on the sick returned to work, and began to make her life miserable.?

She was prematurely deseconded back to her original post much to the surprise of her work colleagues. Things escalated with the return of the employee. What I sensed on listening to my friend, was that the leadership and management made some mistakes in handling the situation. The first thing they accused my friend of was her ‘performance’ and the next thing she knew she was gone with a signed NDA and being paid off to boot!

Dear reader, her story is not unfamiliar. It is repeated along the global shores of our planet. This has been the case as I read and listen to the painful and harrowing stories of those who have shared their plight with me.?

I will continue to implore all employees not to leave your rights in the hands of your managers or organisation. If you are aware, and have noticed, work colleagues being mistreated, or have left under a cloud, having signed an NDA, do not be fooled, it can happen to YOU!

Personal self protection

In the British context, there is an independent funded government organisation called Advisory, Conciliation and Arbitration Service, ACAS they work with “millions of employers and employees every year to improve workplace relationships. We're an independent public body.” About us | Acas

They have information dedicated to the use and improper use of NDAs.

Here is an example of the proper use of an NDA.?

• An employer might use a non-disclosure agreement (NDA) to stop an employee or worker sharing information.
• A non-disclosure agreement might be used during someone's job or after a job ends.
• when someone starts a new job, to protect company secrets
• after a dispute which results in someone leaving a job, to keep details confidential
• An employer and their employee or worker might use a settlement agreement to resolve a dispute at work.
• A non-disclosure agreement might be used if the employer or the employee or worker wants to keep confidential:
• the sum of money agreed in a settlement agreement
• some or all of the other settlement terms
• some or all of the circumstances leading to the settlement agreement

Concluding comments

There is more to be said. Next week I will focus on how NDAs should not be used and what we can do as employees if we are faced with such gagging orders. Their misuse can happen to you. Don’t be fooled. “Forewarned is forearmed.”

Working and wanting the best for you.

Delroy Hall

www.delwes.com

With over three decades of working as a psychotherapist coupled with local, regional, national and international leadership experience, and with the same amount of time as a trainer and facilitator, I work with individuals or organisations.

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