<< Chapter < Page Chapter >> Page >

Honoring confidentiality agreements and waiving employment rights

  • More and more, prospective job candidates are being required to sign "non-disclosure agreements" as a part of their employment contract. These agreements commit engineers and professionals, not only to non-disclosure of company secrets, but to not seeking employment with competitors for three to five years after leaving the company.
  • Non-disclosure agreements are designed to balance an employer's concern for protecting confidential information with an employee's right to job mobility based on freedom of association. But a new and vital concern to engineers and professionals on the point of employment is just what they are commiting themselves to when they agree to such contractual provisions.
  • The prospective employee's responsibility to honor confidentiality agreements is grounded in the employer's obligation to full disclosure of the terms of employment. Balancing these is difficult in the interviewing and hiring processes as the following cases demonstrate.
  • New employees are also being asked to sign agreements waiving their right to sue the company should they be fired. In lieu of the right to sue for wrongful dismissal, companies ask that employees agree to binding arbitration carried out by an outside arbitrator. Binding arbitration is...binding, that is, it obligates both of the disputing parties to a decision decided upon by an outsider. And the company reserves the right to name the arbitrator. Companies have done this to protect themselves against the erosion of the doctrine of "employment at will" toward the notion of "just cause." But the scenarios below invites you to think about how much job candidates are being asked to give up when they waive their right to sue for wrongful dismissal.

4. we protect our property

Pedro has a job offer from Z-Corp, a manufacturer of computer chips. Z-Corp has recently had problems with its competitors who have tried to hire away its employees to get information about their chip production process. In response, Z-Corp now includes a clause (non-disclosure agreement) in its employment contract that prohibits employees from working with competitors for up to five years. Should Pedro be concerned about this? What should he do?

    What should pedro do?

  • He should refuse to sign such an agreement even if it costs him the job.
  • He should sign the agreement without complaint. It's a nasty world out there, and he is lucky to have this job.
  • Pedro should ask the company to be more explicit about the confidentiality concerns they are trying to protect. He should also ask whether it is necessary to restrict his future employment options to such an extent.
  • Your solution....

5. you can't sue us

Marta, a student at an Hispanic university has just accepted a job with a major U.S. corporation. The job seems ideal. However, she notices that her employment contract includes a clause to the effect that she cannot sue the corporation for wrongful dismissal should she be fired or laid off. Instead, the dispute would be resolved by an outside arbitrator. The arbitrator’s decision would be binding on both parties. Moreover, the arbitrator would be chosen by the company. Marta suspects that this agreement represents a “hard line” stance that the company has taken on wrongful dismissal suits. What should she do?

Questions & Answers

Is there any normative that regulates the use of silver nanoparticles?
Damian Reply
what king of growth are you checking .?
What fields keep nano created devices from performing or assimulating ? Magnetic fields ? Are do they assimilate ?
Stoney Reply
why we need to study biomolecules, molecular biology in nanotechnology?
Adin Reply
yes I'm doing my masters in nanotechnology, we are being studying all these domains as well..
what school?
biomolecules are e building blocks of every organics and inorganic materials.
anyone know any internet site where one can find nanotechnology papers?
Damian Reply
sciencedirect big data base
Introduction about quantum dots in nanotechnology
Praveena Reply
what does nano mean?
Anassong Reply
nano basically means 10^(-9). nanometer is a unit to measure length.
do you think it's worthwhile in the long term to study the effects and possibilities of nanotechnology on viral treatment?
Damian Reply
absolutely yes
how to know photocatalytic properties of tio2 nanoparticles...what to do now
Akash Reply
it is a goid question and i want to know the answer as well
characteristics of micro business
for teaching engĺish at school how nano technology help us
Do somebody tell me a best nano engineering book for beginners?
s. Reply
there is no specific books for beginners but there is book called principle of nanotechnology
what is fullerene does it is used to make bukky balls
Devang Reply
are you nano engineer ?
fullerene is a bucky ball aka Carbon 60 molecule. It was name by the architect Fuller. He design the geodesic dome. it resembles a soccer ball.
what is the actual application of fullerenes nowadays?
That is a great question Damian. best way to answer that question is to Google it. there are hundreds of applications for buck minister fullerenes, from medical to aerospace. you can also find plenty of research papers that will give you great detail on the potential applications of fullerenes.
what is the Synthesis, properties,and applications of carbon nano chemistry
Abhijith Reply
Mostly, they use nano carbon for electronics and for materials to be strengthened.
is Bucky paper clear?
carbon nanotubes has various application in fuel cells membrane, current research on cancer drug,and in electronics MEMS and NEMS etc
so some one know about replacing silicon atom with phosphorous in semiconductors device?
s. Reply
Yeah, it is a pain to say the least. You basically have to heat the substarte up to around 1000 degrees celcius then pass phosphene gas over top of it, which is explosive and toxic by the way, under very low pressure.
Do you know which machine is used to that process?
how to fabricate graphene ink ?
for screen printed electrodes ?
What is lattice structure?
s. Reply
of graphene you mean?
or in general
in general
Graphene has a hexagonal structure
On having this app for quite a bit time, Haven't realised there's a chat room in it.
what is biological synthesis of nanoparticles
Sanket Reply
how did you get the value of 2000N.What calculations are needed to arrive at it
Smarajit Reply
Privacy Information Security Software Version 1.1a
Got questions? Join the online conversation and get instant answers!
Jobilize.com Reply

Get the best Algebra and trigonometry course in your pocket!

Source:  OpenStax, Business ethics. OpenStax CNX. Sep 04, 2013 Download for free at http://legacy.cnx.org/content/col10491/1.11
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'Business ethics' conversation and receive update notifications?