Skip to main content

View Diary: Michele Bachmann still won't pay staff, so staff rats her out to the feds (158 comments)

Comment Preferences

  •  Exactly, and that is why such a NDA might be (0+ / 0-)

    enforceable as since there is no legal requirement to report (with a few exceptions) it's not an illegal act to require not reporting.  Of course, it might not be upheld on public policy grounds but not because the contract requires an illegal act.

    You have watched Faux News, now lose 2d10 SAN.

    by Throw The Bums Out on Wed Jan 16, 2013 at 11:40:07 AM PST

    [ Parent ]

    •  Yeah. (2+ / 0-)
      Recommended by:
      Tom Anderson, Cassandra Waites

      That's weird. A NDA requiring not reporting suspected illegal activity? Nah. That can't be enforceable. It would violate free speech garantees, and not for a rational, defensible reason, like "don't reveal the secret recipe for Coke."

      There is a substative legal distinction between requiring silence for proprietary advantage and requiring silence for the sake of concealing criminal activity and obstructing justice.

      The first concerns only civil law and both parties are signing a private contract. The second concerns criminal law and the state is also an unwitting party to the contract's execution.

      "The marriage fight is over when we say it's over, and it's over when we win."
      —Dan Savage

      by Scott Wooledge on Wed Jan 16, 2013 at 01:30:15 PM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site