NDAs are traditionally ânon-disclosureâ - donât talk about specific X. Often in church/ministry cases - theyâre overly broad - donât talk abt *anything* re: your employment
but also may include
ânon-disparagementâ - donât say anything negative about us EVEN IF IT IS TRUE
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Numerous articles have described the use of NDAs in Christian environments and the conflict with principles described in the very faith supposedly being promoted. Iâm linking them here then Iâll offer my 20-year lawyer and victim of silencing (gag order) take on the practice.
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âSilence of the sheepâ (2018) from
@emlybelz described how the conference of catholic bishops has now banned NDAs in abuse cases but how some churches and Christian orgs still use them without pause.
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https://t.co/sU6dy4elSn
Later in 2018,
@scotmcknight discussed NDAs after the Bill Hybels sex abuse scandal, noting that often the stronger party is implicated in sin because the whole reason for the NDA is bc they know that something is wrong and they donât want it known.
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https://t.co/MaNMExWoZk
Christianity Today
@CTmagazine followed in 2019 with a podcast discussion on the use of NDAs, one factor being that secular practices have been applied to Christian environments
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https://t.co/a0nyaRs724
In 2020,
@MinistryWatch noted how Harvey Weinstein, Bill OâReilly, Bill Cosby, The Catholic Church, and Donald Trump have weaponized NDAs to hide sexual abuse, helping them abuse again and how Roger Ailes used an NDA to hide sexual harassment.
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https://t.co/62u18SLHKx
The
@MinistryWatch article continued to describe other situations where churches or ministries used to try to hide shady financial practices, cultish behavior, or types of abuse.
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Other blogs are even clearer in arguing, like
@DianeLangberg, that NDAs should not be used because:
1) NDAs silence victims
2) NDAs protect perpetrators
3) NDAs eschew a gospel-shaped response to sin in favour of a secular response to sin
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https://t.co/FbBf0CQuXB
âUsing non-disclosure agreements is, it seems to me, a failureâa failure to properly protect victims, a failure to properly call sinners to account for their ungodly behaviour, and a failure to trust the gospel to do its mighty reconciling work.â
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https://t.co/FbBf0CQuXB
One anonymous writer describes their experience of signing an NDA after pressure by the org and how it was used to hide allegations of mismanagement, failures of safeguarding, and bullying. The article also describes breaking the NDA, why and how.
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https://t.co/VpSCOnNtEb
After that thorough background of NDAs in Christian context, let me describe my experience.
In my early law practice, I was a business lawyer. I often used non-disclosure/non-disparagement clauses in contracts purchasing businesses & some employment contracts.
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These were negotiated contracts of mutual benefit between legally represented and sophisticated business parties. The situations generally involved proprietary info (think inventions/tech), maybe private health care info, business expansion plans and growth strategies, etc.
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Those were the kinds of things subject to non-disclosure - so that a purchaser received the full benefit of what they were buying. Non-disparagement so the reputation of the business changing hands remained as expected - a bootstrap to disclosures and reps about the business.
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Sometimes owner/sellers, high executives were also subject to NDAs, again, for the purpose of the purchaser getting the business that they expected to get and that was being represented to them elsewhere in the agreement.
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NDAs are born out of mistrust. I donât fully trust that you will keep my business ideas confidential. I donât fully trust that youâll speak well of my company, myself, etc. Therefore, I need a contract to make sure you stay quiet and only say nice things or I get to sue you.
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My experience in business, as a lawyer with NDAs is the polar opposite of an employer firing an employee and then saying âwe want to be generous, hereâs $X, just sign this agreement,â which just happens to include a forever non-disclosure / non-disparagement agreement.
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Imagine one moment you have an income & your family has health insurance. The next moment you donât. The employer who just fired you declares their generosity & offers $ (reminding you they donât have to) -taking advantage of your dire financial situation that *they* created.
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The practice I understand is used at
@daveramsey mirrors one described from
@OpenDoors. The leaving employee said, âIf I didnât accept the agreement, we wouldnât have been able to pay our bills.â
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https://t.co/sU6dy4elSn
In some cases, they may say you only have today to consider. In other cases, they may say, take it home & consider. When you donât quickly reply, they threaten to take it off the table. Maybe you already know theyâre telling former colleagues false reasons for your departure.
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Do you see the vast difference between the sale of a business using an NDA versus an employer kicking an employee to the curb and attempting to look generous by paying them for their silence and smile? Itâs not generosity. Itâs a contract for silence.
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They want an NDA contract because they donât trust you to keep their secrets. Not proprietary info. Secrets about whatâs happening there. They donât trust you to speak well of them. Why is that? Bc it is an abusive environment that many donât realize until they leave.
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So add the wrinkle that this employer claims to operate based on biblical principles. And exports their practices to other employers. It is bonkers that
@daveramsey has been able to pull this off and maintain a Christian image for so long.
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If ...
1) youâre not a lawyer
2) your employer claims to love Jesus and be doing his work
3) your employer emphasizes loyalty & trusting them
4) you are forbidden to discuss experiences & working conditions with your colleagues
5) you suddenly need $
almost everyone signs.
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You know who might not sign?
People who:
1) realize their employer lied to them
2) realize their work environment was abusive
3) think their firing might be illegal
4) know others have similar stories
5) have enough $ or a new job soon
6) HAVE SHOWED IT TO A LAWYER
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In other words (not legal advice):
- Read everything before signing
- Ideally get legal advice
- If you can (financially) avoid NDA, itâs a good idea
- Donât presume good intent of the other party
- You may not realize what you know or problems with your workplace until later
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More good thoughts on
@DianeLangbergâs article and NDAs
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https://t.co/LmdDPEYyHm
If youâve never thought about whether or not your former colleagues are under NDAs, maybe youâre not a safe person for them to share with. How to be a safe person? Lauren breaks it down. Hint: silence is not an option.
https://t.co/m9JslnPXDL
An example of how someone can basically be under financial duress and have little choice but to sign an overly broad NDA
BY A CHURCH
(Why oh why? How is this Jesus?)
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https://t.co/CNlbQl9Bw6
I have also personally signed NDAs - related to rare disease focus groups and discussions with companies about research programs.
These were specific in their purpose. Equal power. No financial duress, much less financial difficulty created by the powerful party.
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https://t.co/4gSC9GaRFs