Legal Question in Entertainment Law in California
signing confidentiality agreements
I applied for a job as a technician with a musical artist. They viewed my
resume, I also spoke with their management and security to go over their
requirements. After a couple of days, I was accepted for the job over the
phone. I start in one week. The company is based in California, If I am asked
to sign a confidentiality agreement after already being hired and I don't feel
comfortable doing so. Where do I stand leagaly, if they threaten to terminate
my employment for not signing. In my eyes I have already accepted there
terms, knowing there was no other criteria mentioned. I have refused to sign
other similar documents with other clients. It has never been an issue in the
past. It seems that the practise of ''oh, I forgot to tell you that you need to
sign this'' is becoming more common in the entertainment business. This has
also been an issue with other people I know. I would like to be clear on where
I stand, if I should find myself in this position in the future. What is the law
regarding my rights in this matter, as the job requires a close working
relationship with the client.
2 Answers from Attorneys
Re: signing confidentiality agreements
I have loaded and unloaded enough Anvil cases for one lifetime, brother. Although you did not say whether you actually expect to receive a confidentiality agreement to sign, the nature of rock'n'roll is such that either you trust them or you don't. Either you get your paycheck and expenses and per diem or you don't (you at least need an agreement about travel, who is going to book your hotel and airfare, whether you are going to have to spend out of pocket, whether you will get "float," etc.) I can understand why an artist might not want his or her staff to go blabbing to the press about who they are sleeping with or what substances they are imbibing. My best advice is to sign what they give you to sign, and try and cultivate a close working relationship with the artist. If you have any specific questions, call me day or night at 562-688-7447.
Re: signing confidentiality agreements
You are most likely an "at will" employee, meaning either party can terminate the relationship for ANY REASON, so long as it is not based on discrimination against a protected minority class. If you refuse to sign a confidentiality agreement which they predicate your employment upon, they are well within their rights to withdraw the previous offer of employment, or terminate you if you have already begun to work for them.