The “This Agreement and Its Terms Must Be Kept Confidential” Clause: Seven Points to Ponder

Published on July 7th, 2015 by Alan L. Sklover

“I never understood why Clark Kent was so hell bent on keeping Lois Lane in the dark.”

– Audrey Niffenegger

ACTUAL “CASE HISTORY: Many employment-related agreements contain a clause in them that say, in one set of words or another, “You agree to keep the existence of this agreement, and the terms of this agreement, confidential.” Most commonly we see such clauses in (i) employment agreements, (ii) severance agreements, (iii) retention agreements, and (iv) bonus agreements (most commonly sign-on bonuses.)

What’s the purpose of the clause? This clause is most commonly inserted into agreements when in two situations: (a) when the employer does not want other employees to know that you received “special treatment,” in fear that the other employees will want the same “special treatment,” or (b) when the employer does not want you to find out that other employees received much better treatment than you are getting, in fear you will ask for what they received. If what you received, is kept secret, then no one will know the difference.

LESSON TO LEARN: It is always best for employees to “understand the game being played,” because “Forewarned is forearmed,” “Knowledge is power,” and “It’s good to know a lawyer.” If you encounter this contract clause, you would best served if you were aware of certain points, exceptions, and possible ramifications. Here they are.

WHAT YOU CAN DO: If you encounter the “You must keep the existence of this agreement, and the terms of this agreement, confidential,” in an agreement you are given to sign, bear these seven points in mind: Continue Reading. . .

Sklover’s Thought for the Work Week

Published on July 6th, 2015 by Alan L. Sklover

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“What is a weed? A plant whose virtues have not yet been discovered.”

– Ralph Waldo Emerson

Now here is a thought that combines the practical, the philosophical, the medical, the scientific, the environmental and the spiritual. And this thought seems to apply to work, as well. Don’t be dismissive; do be inquisitive. What you don’t appreciate – and those you don’t appreciate – upon closer examination and upon inquiry, may just be precisely what you most want and need.”

© 2015 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

Independence Day

Published on July 4th, 2015 by Alan L. Sklover

“The bravest things we do in our lives are usually known only to ourselves.”

– Peggy Noonan

You might not have thought about it, but Lady Liberty always stands by herself. The quest to be free, and to help others be free, is first and foremost an internal quest. When my mother was a child, she arrived in New York harbor on a boat, and she no doubt saw Lady Liberty standing there, all by herself. At that moment, I’m certain my mother felt less alone. Just as Lady Liberty does each day, so, too, can each of us do something – however small – to help someone be free: free from hunger, free to express his or herself, free to pray (or not to pray) in any way they want to, and to be free from fear. Go ahead, lift a torch to someone. Enjoy your freedom to do so.

That’s what our blog efforts are all about. On behalf of all of us at SkloverWorkingWisdom we wish you a happy and safe 4th of July.

© 2015 Alan L. Sklover. All Rights Reserved

“Can I decline a job offer I already accepted without ‘burning bridges?‘”

Published on July 1st, 2015 by Alan L. Sklover

Question: Please, Alan, I want to know how to write a resignation letter to a new employer who made me a job offer. I accepted it, but before I started the new job, when I resigned, my present boss gave me the same package to stay.

I want to keep on good terms with this company that gave me a job offer, and get consideration if this employer has a new job opening in the future.

Kimaryo
Dar Es Salaam, Tanzania

Answer: Dear Kimaryo: I understand your predicament, in fact, I was once in your situation, myself several years ago, as a younger lawyer. And because I have been an employer for over 30 years, I have been on the “other side” also. While you cannot be certain that the employer whose offer you accepted, and are now declining, will consider you for other jobs in the future, you can do your best to achieve that result. Nothing is guaranteed, except that if you do your best, that is the best you can do.
Continue Reading. . .

Sklover’s Thought for the Work Week

Published on June 29th, 2015 by Alan L. Sklover

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“In the end, it’s all about love and work, isn’t it?”

– Charlie Rose

When I recently heard Charlie Rose say this, it struck me how much our daily work defines us, and that work may just be right up there with the quest for love in our lives. And it makes no difference whether you are a media executive, a waitress in a coffee shop, or a brain surgeon. New love and new work uplift us; loss of love and loss of work “downsize” us all. Whether we know it or not, “making a living” is a large part of “making a life.”

© 2015 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 30 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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