| Description |
Two conflicting trends have occurred during the last decade. In one, legislators and judges have expanded the protection against retaliation for whistleblowers as a way to get those within organizations to report organizational wrongdoing. At the same time, employers have increased their use of secrecy clauses to prevent information from being disseminated outside the organization. The result has been an increase in cases in which judges are asked to enforce secrecy agreements against whistleblowers. A review of statutes and court decisions shows that the most important factors relevant to enforceability are the motive for the disclosure, the identity of the information recipient, the seriousness of the wrongdoing, and the strength of the evidence of misconduct. While courts and legislators are reluctant to allow secrecy agreements to thwart whistleblowing, employers can gain extra protection through such agreements. Most importantly, they can require that employees first report wrongdoing internally. (Highlight by Author) |