In a decision that TMZ.com claims is “stunning”, a Los Angeles judge upheld the validity of a confidentiality agreement between actor Rob Lowe and a former nanny for Lowe’s family. The nanny, Laura Boyce, was sued by Lowe for violating the agreement by going public with allegations that the Lowes treated her poorly and that Lowe’s wife, Sheryl, sexually harassed her.
Boyce argued that the confidentiality agreement was invalid because it violated her First Amendment freedom of speech rights.
TMZ’s story on the ruling ends with the statement that “[t]he judge has effectively told a bunch of celebrities it’s still safe to hire help and make them sign agreements that they won’t spill secrets for fun or financial gain.” The underlying disdain and judgment dripping from that sentence is palpable.
The reality of the situation though is that employees are asked by employers to sign confidentiality agreements ALL THE TIME. It’s not just celebrities. Clothing companies, car companies, technology companies, media companies. Companies in almost every industry regularly require employees to promise to keep certain business information secret – both before and after their employment.
Microsoft can’t have employees who leave the company and then blab about the details of product development or company infrastructure to other technology companies or Wall Street. If the employees don’t want the job, they don’t have to agree to the confidentiality. It’s common sense. And TMZ (shocking, I know) had needlessly sensationalized yet another story.
The Lowes’ case against Boyce will continue.
