Legal Question in Business Law in New York

I am an Independent Contractor for a phone sex company that is based in Arizona but I work out of New York. I have been contracting with the company for 1 year and signed the agreement upon hire. I am now having concerns about the confidentiality of my picture ID and/or personally identifiable information possibly being released. The contract protects the company and client information and contractor to contractor information ( phone sex operators) but says nothing about the dispatchers (who may be employees not contractors) or the owner revealing information about the phone sex operators. The scenario I was considering is if I became a public figure and someone reveals that I was a phone sex operator or affiliated with the company. Can I, after having signed this agreement that seems to offer me no protection, make a request for confidentiality that is legally binding or amend the contract in that regard? May I present my own confidentiality agreement?


Asked on 9/16/09, 10:06 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

More likely than not, Arizona and not New York law would apply.

However, under New York law, and to specifically answer your questions,

Q. Can I, after having signed this agreement that seems to offer me no protection, make a request for confidentiality that is legally binding or amend the contract in that regard?

A. Yes, however it may not be honored.

Q. May I present my own confidentiality agreement?

A. Yes. Of course the employer may refuse to sign the document.

Mike.

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Answered on 9/21/09, 2:01 pm


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