The SEC's action taken in the KBR matter should cause all companies, not just publicly traded companies, to review their existing employment-related agreements and policies to ensure that they do not run afoul of whistleblower protections. Similar considerations may also arise from the perspective of other governmental agencies including the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and analogous state agencies, to name a few. Careful employment law attorneys regularly ensure that confidentiality provisions that exist in a variety of employment-related agreements do not improperly restrict the right of an employee (or former employee) to provide assistance or input to the EEOC on an investigation of the employer. Similarly, careful employers and their attorneys should be mindful of confidentiality requirements that might be perceived by the NLRB to improperly encroach upon workers rights to organize or exercise rights under the National Labor Relations Act (applicable to all employers, whether with unionized workforces or otherwise).
- Separation/severance agreements
- Internal compliance/investigation process documents
- Front-end confidentiality agreements/employment agreements
- Other confidentiality policies used in the workplace
- Senior Counsel
Dean LeDoux’s employment and litigation practice includes representing employers in litigation and also advising them on employment issues. Dean also has extensive business litigation experience. Over approximately the ...
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