Consumer Law, Warranties NDA Non disclosure agreements

[ManagerB]

I manage several salespeople. When they visit our customers, they are often asked by a receptionist to sign a NDA before they can enter the building. If they sign, does the NDA apply to only that person, or does everyone in our company now fall under this NDA? Trying to figure out how to handle these types of requests. Thanks,

 

[Michael Wechsler]

If they try to get the salesperson to sign an NDA, it would apply to the salesperson IMHO for two reasons and silly to do so if it is raised only with the salesperson.

1) If the NDA has the name of the employee then the agreement is with the employee and doesn't necessarily bind the company/corporation because of the party named.

2) The corporation cannot be bound in an agreement unless the signer has at least the apparent authority to bind the company. Otherwise the janitor could sign an NDA and hypothetically bind the company.

As legal counsel of several corporations, we always required an NDA be signed before the meeting and usually before even phone conversations went anywhere.

 

[ManagerB]

Thank you for the response. I would like to learn more about this topic as I am sure that the laws vary by state. Are there any books or web sites that you would recommend that I look into which would help my understanding?

 

[army judge]

Thank you for the response. I would like to learn more about this topic as I am sure that the laws vary by state. Are there any books or web sites that you would recommend that I look into which would help my understanding?

Speak with your corporate counsel.