Legal Question in Technology Law in North Carolina

Confidentiality Agreement-Media-Internet

I was informed by my former co. of criminally damaging info concerning a former employee. The reason employees were informed of this info is because the person was a publicly high profile Sr VP, & the co. wanted to convey that we would be fired and/or subject to legal action if we spoke to the press or posted any info on a public forum before it became public knowledge; it would be a violation of the �Confidentiality Agreement�. The co. is a PR firm with city (Raleigh) contracts. It has not been in the media as of yet, but will be soon. I posted on my FB page that I had found out certain info & would post the story once it became public. I did not post names, the type of crime, or the name of the co. The co. decided that I had violated their confidentiality agreement & gave me the boot. I am no longer an employee. I was also given a letter by the co�s attorneys demanding me to remove the post (which I did) & refrain from posting /disclosing any confidential info. The agreement refers to ''employees'' & also states that the agreement does not pertain to �info publicly available through no fault of the employee�. If I post the article on my FB page when the info is published in a newspaper, can I still be subject to legal action?


Asked on 7/16/09, 12:28 pm

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Confidentiality Agreement-Media-Internet

You need to have an attorney review the contract and all the facts. Please seek counsel in your area to assist you.

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Answered on 7/17/09, 1:42 pm
Bruce Burdick Burdick Law Firm

Re: Confidentiality Agreement-Media-Internet

YES. Realize that anyone can sue anyone. You have been warned by the company. Whether you win or lose, you are subject to suit. See a local NC attorney if you think you were fired improperly or intend to republish dirt on the company. Smearing the company won't help you find another job, so think twice about what is the smart and mature thing to do here. What financial gain will you have if you do this? Your conscience should be your guide. What company wants to hire someone who trashes their former employer, knowing that perhaps they are next? If it were me, I would have been apologizing profusely in hopes of avoiding a negative reference, but you are your own shepard. By the way, none of that is legal advice, rather it is more like fatherly advice that it appears you may need here for a sound decision based on reason not emotion.

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Answered on 7/21/09, 4:03 am


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