Legal Question in Business Law in New York

Minors and Non-disclosure agreements?

If a non-disclosure agreement is required for empoyment, can a parent or legal guardian of a minor sign the NDA on behalf of the minor, to permit employment?


Asked on 4/04/07, 1:20 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: Minors and Non-disclosure agreements?

Hi:

The minor does not have capacity to contract. That being said provided that this is in the best interests of the child, yes you can sign. However, I do not know how binding it will be since you are no one of the contracting party's. I need more info to make an accurate finding.

Good Luck

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Answered on 4/04/07, 1:28 pm
Johm Smith tom's

Re: Minors and Non-disclosure agreements?

That would address the basic requirement, but Ms. Hessen is correct that an attorney would have to research whether there is any case law on point to know how strong the contract would be; the issue is whether it is in the child's interest and there could be arguments either way. The employer would be wise to have the minor reexecute the contract when they turn 18.

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Answered on 4/04/07, 1:55 pm


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