KMB partner Adam Herzog recently spoke with SHRM about whistleblowers breaching confidentiality with their employers in the article “Breaches of Confidentiality Aren’t Limited to the High Court.”
After the draft Supreme Court decision overturning Roe v. Wade was leaked to Politico, employers have been pondering how they can prevent employees from leaking confidential information, such as trade secrets, to interested competitors. In general, employers have both statutory and contractual tools that can prevent breaches in confidentiality. However, as Mr. Herzog notes, legitimate whistleblowers might be exempt in some cases.
"Public policy concerns can and do trump employer confidentiality interests in many instances—especially in whistleblower contexts," Herzog said.
Read the full article here.