True, agent2, it’s very difficult to get funds back from a victim or have a lawsuit that ends in supporting the NDA. What does happen is that the victim often ends up involved in the lawsuit, and the intent is to financially ruin the individual by dragging out the lawsuit, and increasing court costs, not necessarily winning it.
Large corporations will often do this out of spite, and they have the financial ability to withstand a lengthy court process, when the victim goes broke after years and years of legal costs, the company uses the victim as an example to other employees, “See what happens when you mess with us.”
It’s blackmail and intimidation in a legal package.
What is against public policy with a NDA agreement? It’s a contract entered into between two parties that the details described/identified are confidential.
If it is a criminal or illegal activity, the agreement should be null & void – like other contracts would be – and make the person (and the company who is hiding it)be responsible.
She could have committed a crime called compounding by accepting money in exchange for her not reporting a crime. Not sure a prosecutor would go after her for that considering the crime committed was against her but nonetheless it could be yet another reason she and others might stay silent.
Absolutely disgusting that these jerks keep getting away with this stuff.
I have been confused by this NDA business. I always understood that contracts/agreements contrary to public policy aren’t enforceable.
My question also. Does it depend on whether the conduct was illegal?
True, agent2, it’s very difficult to get funds back from a victim or have a lawsuit that ends in supporting the NDA. What does happen is that the victim often ends up involved in the lawsuit, and the intent is to financially ruin the individual by dragging out the lawsuit, and increasing court costs, not necessarily winning it.
Large corporations will often do this out of spite, and they have the financial ability to withstand a lengthy court process, when the victim goes broke after years and years of legal costs, the company uses the victim as an example to other employees, “See what happens when you mess with us.”
It’s blackmail and intimidation in a legal package.
What is against public policy with a NDA agreement? It’s a contract entered into between two parties that the details described/identified are confidential.
It could be hiding the existence of illegal activity.
Would be nice if we had some type of law that states if an NDA is used to hide criminal or possible criminal activity, the NDA is null and void.
If it is a criminal or illegal activity, the agreement should be null & void – like other contracts would be – and make the person (and the company who is hiding it)be responsible.
She could have committed a crime called compounding by accepting money in exchange for her not reporting a crime. Not sure a prosecutor would go after her for that considering the crime committed was against her but nonetheless it could be yet another reason she and others might stay silent.
Absolutely disgusting that these jerks keep getting away with this stuff.