During the research on this article, I interviewed 14 former employees of the Disney theme park. Today, the general practice of Walt Disney Company is to require many outgoing interpreters to sign a confidentiality agreement to get out of the door. None of those interviewed for these interviews injured an NOA by participating in these interviews. Some have disqualified themselves or been disqualified from participating to satisfy Disney`s wish that certain parts of the job remain secret to maintain the illusion for visitors. A confidentiality agreement in the employment agreement is the ideal place for Disney to clarify the scope of its privacy expectations, especially if Disney intends not to disclose its role to family members, friends or future employers. A provision prohibiting the disclosure of sensitive information (also known as an “NDA”, confidentiality agreement or restrictive agreement) is found in all possible agreements and is common in employment contracts. Employers have traditionally strived to protect valuable information about their business practices, such as product formulas, manufacturing designs, business expenses, customer information and contractual terms for suppliers. For employers like Disney, who want to protect information “outside the box” from the usual business secrets, a confidentiality pact can pose some dilemmas. Disney wanted a confidentiality agreement, but Xonia Book`s lawyer, Jerry Girley, rejected that request.
Girley also filed a written application with the court for access to Disney`s “toxic employee documents” from her client. Girley believes that these documents are essential to prove whether discrimination may or may not have occurred. Depending on your company`s requirements, there are several approaches to identifying the scope of a confidentiality agreement. A non-disclosure provision preventing the disclosure of unspecified confidential information, “proprietary information” and “business secrets” should not reasonably inform workers of what the employer considers to be covered. As with social media guidelines, clarity and specificity of the scope of confidentiality may be essential. If the employee is clearly told what information is considered private and valuable, an employee can prevent the information from being inadvertently or carelessly disclosed. B for example by casual posts on social networks. At this point, if an employee can be held responsible or terminated for dumping secrets, the “cat is out of the bag.” Disney believes that identifying an actor with a particular character is “proprietary information.” This may sound like a Disney fantasy, but in fact, sensitive information from a company doesn`t need to rise to the level of a “trade secret” to get court protection. Many states have not only adopted some form of the Trade in Secrets Act, but have also passed laws that explicitly protect other types of sensitive information or allow parties to agree with each other information that is protected. As a general rule, state law defines the information that may be subject to a confidentiality agreement and the measures necessary to enforce that agreement.
In general, courts will enforce agreements preventing the disclosure of information where information (1) is not of economic value, is not made public, and (2) belongs to a person or entity that has taken steps to protect the information from disclosure. As an actor at Disney, you`re dinner and entertainment.