Cat... I understand your point, but don't you think there are hundreds of women who knew and didn't get paid yet said nothing. The Hillary Clintons, Meryl Streeps, and Jane Fondas of Hollywood who said they were aware or should have been. So many knew and said nothing. Unfortunately someone had to break the law to out this piece of shit. That shouldn't have had to be the way it happened.
I don't think you can NDA an illegal act or a crime. It is contrary to the Laws of the Land (local, state, fed) and could be perceived as OBSTRUCTION... or worse. https://law.stackexchange.com/questions/4339/when-can-an-nda-be-legally-broken
I think SoCal would disagree... here is what he said. Which I take to mean you can talk about it when it's irrelevant to them. I have one also. 8 or 9 years ago. It was about how vacation time was earned. They changed the rules. But. In the process, broke every labor law in California. Two years later, I got layed off. Then I called them on it. Told them, "Pay me, and I go away quietly. Make me go to the State Labor Board and file against you ?? You'll be paying me and the other 80-90 people that were working there at the time. Plus fines !! I'm guessing around $60-70,000 plus whatever the State does to them.
If SoCal wanted, he could still blow the whistle without punitive recourse. The State would most definitely welcome a whistle-blower. Hypothetical 1: You're sitting in a car with your boss. He pulls over, jumps out, robs someone and drives off with you in the car. He pulls out an NDA to shut you up. Hypothetical 2: You're in a hotel room with your boss. He comes over to you, commits a bodily crime and goes to the other room to retrieve an NDA to shut you up. Hypothetical 3: You're in your boss's office. He commits a digital crime right in front of you. He pulls out an NDA to shut you up about what you just witnessed. How does an NDA protect anyone in any of these circumstances? An NDA cannot provide a shield to a criminal act, especially as a witness. It would be contrary to an established law somewhere on the books, otherwise, people could just NDA their way through every dealing and circumvent the law at every turn. Client/Doctor Privilege is very limited and direct for and is used for protetion, but other than that, who knows? Even that privilege is broken in some cases. An NDA to protect or hide a criminal act is no better than bird cage liner.
but wazoo she knew what she was doing by signing the agreement. this is on her. she's no hero for breaking her silence to out Harvey.
hypo 1, 2 and 3 - you don't have to sign them. you can say "screw you" and I'm ratting you out and will not be compensated for it.
Even if you sign it, it could be under duress (loss of life/job, etc). The NDA cannot prevent justice, especially in light of a crime. Protecting business ASSETS is completely different from protecting YOUR ASS. If you took a copy of an NDA to the authorities that was covering up a crime, the police would gladly walk you through it. You can't hide a crime with an NDA. Period. The law doesn't work like that. It would break the justice system. So, sign whatever the fuck you want, get paid, then burn the mother fucker. It is within your right. Wkikpedia, first paragraph. Check out the LAST SENTENCE. ***A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA) or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. Like all contracts, they cannot be enforced if the contracted activities are felonies.***
The problem is innocent until proven guilty. If an NDA is broken and the party who is paid to remain quiet breaks their silence because they believe it was a felony. When they go to court and the "felony" is determined to not have happened then the person who broke the agreement has then broke the law.
Oh, I'll bet they would !!! But I doubt that it would do anybody any good. I believe that the statute of limitations has long since run out. Nobody is going to get any money. And (to be brutally honest) There's no benefit to me. The company changed the rules two years before they let me go. And in those 2 years, I told everyone that would listen to me "They cant do this. They owe you this money. Keep that in mind the day you get laid off, fired, or quit !!" Whether anyone did or not, I have no idea. But I doubt anyone did. What's the saying ??? You can lead a horse to water ......
saying "Harvey forced himself on me" is not a felony. Besides her word what proof in court does Rose McGowan have? She said she was raped. Where is the rape kit? Your word vs his word is not good enough when it comes to breaking this NDA. There's no way a NDA would exist if everyone got paid and still broke them. There in place for a reason.
EXACTLY RIGHT ! SO it's not all "lets go break the agreement and get paid" stuff. There are laws here that are in place.
reminds me of when I left my old company. we only got 2 checks a month. on the 15th and 30th. when I resigned, it was on the 15th. I got a check for the pay period from july 15th to July 31st on August 15th. The August 1-15th time period would be paid on August 30th. So I am waiting and waiting and no check on the 30th. I called and they said "you were paid for it on the 15th." I said I was but not for my last time period." They never paid on the time period you just work bc people leaving would never come in. They paid it on a paycheck later. They said "no." I had a coworker go to find the paycheck payout dates and the time periods they covered. I was right, but that link was taken down a day after he checked it. I stated my case to them and they said I was paid accordingly. Another guy quit and he called me asking the same thing - where is that check? They probably robbed tons of people of that last check and told them they were paid out for it. They weren't but no one would listen to me. I even had photocopies proving they missed an entire time period. They said "oh bf the new year, you got a double check, so that's the lost check." Ha! No it wasn't. There was no double check in December. All lies. I needed SoCal as my attorney to fight this.
That would have been fun. I had a blast making their corporate attorney squirm for 3 months. It was amazing to listen to the crap he would say. I'd respond, "Tell that to the State of California and see what they say."
Socal-how did you know the California laws on vacation? Did you research it? I don't know the laws in Pennsylvania ? And what was illegal about what they were doing ?
Breaking the NDA for a possible felony investigation? No brainer. The NDA (in the Weinstein case) wouldn't have been presented to the victim if something correct or legal was in process. The NDA is a shield in this circumstance, and it hides a felonious event. HW's NDA is a shield here and cannot be used to pervert the law. Some states have "hazard disclosure" laws for public safety as well. Here's more info: If state legislatures can't or don't want new laws on the subject, another avenue could be through court challenges to the enforcement of NDAs in these cases. Some states have "sunshine in litigation" laws that prohibit courts from enforcing confidentiality provisions in settlement agreements regarding "public hazards," and most states have more generalized laws that prohibit any agreement that conceals a public hazard. Florida attorney Chloe J. Roberts believes NDAs in sexual harassment cases could be challenged under these laws. "In the employment context," she wrote at Law360, "sexual harassers are arguably individuals and workplace conditions that cause injury to the unknowing public and create a public hazard." Getting out of an NDA: https://www.wikihow.com/Get-out-of-a-Nondisclosure-Agreement There are a lot of ways that BOTH parties need to act for the NDA to still be considered valid. I'd be curious to see the specific language of HW's NDAs, but if numerous attorneys are jumping on this, there must be holes throughout.
^^the 1 thing halo is I don't know if McGowan actually broke the NDA by speaking. I thought she did but I never heard about that on the web.
That's why I said, "... the specific language...". Rose McGowan isn't the only one with an NDA from HW (see Zelda Perkins).
No. Vacation time is considered the same as your paycheck. You put in the time and effort ?? You get paid. No. I was a union rep (UAW) at my work for 5 years. And I have a sister that was a corporate Human Rescoures manager for 35 years. She has forgotten more about labor law than I know !! If I don't have the answer ? She does !!!!!! I can't believe that the labor laws in Pennsylvania are all that much different than here. They/Me agreed to pay me X amount per week, And X amount vacation time per year. They changed the rules after the fact !!!!!!!!!!!!!!!!! I EARNED those vacation days. That was like money in the bank !! Then they tell me that,, no we changed the policy. I say, Fine, Change it. But that doesn't change the fact that you owe me X amount of vacation time that I EARNED last year !! They can change the policy today anytime they want to. But to go back a year and tell me that I didn't earn that vacation time from the previous year ???? I DONT THINK SO !!!! Let's say that you work for me digging a ditch. I tell you and you agree that I'm going to pay you $10.00 an hour. A week later I decide to not pay you $10.00, but rather I want to pay $9.00. Can I do that under the law ?? Nope. We agreed . That's it !!!!!!!! Do we need to set up a thread of our own to keep up this conversation ?? This may not be the place. How do I do that ???
that's easy. what do you want to call it ? the company I worked for for 10 yrs merged with a smaller company in my 7th year there and was taken over by the company. I had 7 months of sick time accrued. when we merged jan 1 - they erased all of it. all employees had their sick time taken away. no warning, no payout - nothing. we went to PDO time which is combined sick and vacation time. I begged 3 lawyers lets sue their asses and no one wanted too on the premise "they own the company and can do what they want." I say bullshit. that was my time. I earned it. you can't take it away without proper warning or payout. no one listened to me.
