This article posted to our partner site Mondaq.com discusses how, within the context of whistleblowing, an employer’s confidentiality agreement with an employee might be unenforceable.
It mentions the criteria that the employee must meet in order to disclose the information:
- (1) they reasonably believe their allegation to be true,
- (2) they aren’t acting for personal gain,
- (3) they have already blown the whistle to the employer or appropriate regulatory body, and
- (4) that making the disclosure is reasonable in all circumstances.