“The agreement effectively imposes on Respondent an obligation to never say anything remotely critical of Mr. Trump, or his or his family members’ interests, for the rest of her life. Such a burden is certainly unreasonable,” T. Andrew Brown, the arbitrator, wrote in the judgment.
9. What cannot be protected (required to be kept confidential) by a Non-Disclosure Agreement?
· Anything that is a matter of public record· Any information that employee has prior knowledge of or gained from sources other than their employer
· Any information that is common knowledge in a field
Additionally, an NDA is not meant to protect a company from doing something illegal. If your company has unethical or illegitimate business practices, you still have a right to whistleblow (inform) to proper authorities.
An NDA also cannot prohibit an employee from filing a sexual harassment complaint with the Equal Employment Opportunity Commission.
— Workplace Fairness
Those considering blowing the whistle on their employers should consult an attorney before doing so.
Sources:
- September 24, 2021. T. Andrew Brown. Summary Judgment Decision: DONALD J. TRUMP FOR PRESIDENT, INC. vs. OMAROSA MANIGAULT NEWMAN. American Arbitration Association. AAA-Case No.: 01-18-0003-0751.
https://floridajustice.com/wp-content/uploads/2021/09/2021-09-24-Summary-Judgment-Decision.pdf.
Law, Judgment, PDF. - September 29, 2021. Thomas Colson. “Trump’s Failed Attempt to Enforce Omarosa’s NDA in Court May Unleash a New Wave of Embarrassing Disclosures, the Lawyer Who Beat Him Said.” Business Insider.
https://www.businessinsider.com/trump-legal-loss-against-omarosa-may-prompt-more-disclosures-lawyer-2021-9.
Magazine. - “Non-Disclosure Agreements (NDA\’s).” Workplace Fairness.
https://www.workplacefairness.org/nondisclosure-agreements.
Law, Activist.
While this article may at first seem irrelevant to the topic of this project, this event is actually quite important to it. What is holding back whistleblowers in many cases? Non-disclosure agreements (NDAs). When potential medical whistleblowers see that Omarosa won her NDA case, they may feel more willing to come forward. Deep State players may believe that this judgement helps them, but it may boomerang on them instead.