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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

what is the stm
Brian Reply
is there industrial application of fullrenes. What is the method to prepare fullrene on large scale.?
industrial application...? mmm I think on the medical side as drug carrier, but you should go deeper on your research, I may be wrong
How we are making nano material?
what is a peer
What is meant by 'nano scale'?
What is STMs full form?
scanning tunneling microscope
how nano science is used for hydrophobicity
Do u think that Graphene and Fullrene fiber can be used to make Air Plane body structure the lightest and strongest. Rafiq
what is differents between GO and RGO?
what is simplest way to understand the applications of nano robots used to detect the cancer affected cell of human body.? How this robot is carried to required site of body cell.? what will be the carrier material and how can be detected that correct delivery of drug is done Rafiq
what is Nano technology ?
Bob Reply
write examples of Nano molecule?
The nanotechnology is as new science, to scale nanometric
nanotechnology is the study, desing, synthesis, manipulation and application of materials and functional systems through control of matter at nanoscale
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
How can I make nanorobot?
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
how can I make nanorobot?
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.
how did you get the value of 2000N.What calculations are needed to arrive at it
Smarajit Reply
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Source:  OpenStax, Business ethics. OpenStax CNX. Sep 04, 2013 Download for free at http://legacy.cnx.org/content/col10491/1.11
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