This Employment and Confidentiality Agreement (“Agreement”) is entered into on ______________, by De Becker Investigations, Inc. (“DBI”) and ________________, and for the direct and specific benefit of clients and employees of DBI, with reference to the following facts:
Employee wishes to be employed by De Becker Investigations, Inc.
Employee represents and affirms that Employee has no ulterior motive for seeking employment with DBI (e.g., political or industrial espionage, double-agency, corporate espionage, investigative journalism). Employee represents and affirms that gainful, productive, and faithful employment with DBI is Employee’s only purpose and intention with regard to DBI and DBI Clients.
DBI and Employee wish to enter into this Agreement to assure DBI of the services of Employee and to set forth the rights and duties of the parties. The parties agree as follows:
DBI employs Employee, and Employee accepts and agrees to employment on the terms and conditions set forth:
a. Employee acknowledges and agrees that DBI provides specialized and unique investigative services and high-stakes surveillance techniques that were unknown to Employee prior to his/her employment, and are unknown to the competitors of DBI and unknown to the public, for and on behalf of DBI clients.
b. Employee acknowledges and agrees that the services rendered by DBI include the privacy of clients
c. Employee agrees to abide completely by DBI policies. In the event Employee disagrees with or does not understand a policy, Employee agrees to immediately notify DBI executive management, and seek clarification and guidance.
d. Employee acknowledges and agrees that the confidentiality of all information developed for which clients of DBI engage their business require and depend on Employee’s adherence to the covenants and terms and conditions set forth in this Agreement, and the purpose of this Agreement is made for the direct and specific benefit and protection of clients of DBI. Employee acknowledges and understands that the integrity of DBI’s Confidentiality practices is a key element in DBI’s service and business.
e. Employee acknowledges and agrees that the safety, compensation, livelihoods, job security and professional reputations of employees of DBI depend and rely on Employees adherence to the covenants and terms and conditions set forth in this Agreement, and Employee enters into this Agreement with DBI and all of its employees, and the purpose of this Agreement is for the direct and specific benefit of clients and employees of DBI, and for the direct benefit of DBI’s clients.
f. Employee acknowledges and understands that truthfulness is a key part of this Agreement, and Employee hereby agrees to be truthful, trustworthy, and honest in all his dealings with DBI. Dishonesty, deceit, and failure to accurately disclose to DBI information relevant to the success of DBI services to its Clients are material breaches of this Agreement.
g. Employee understands and acknowledges that just like other positions of high responsibility in which peak performance is required (airline pilots, air traffic controllers, school-bus drivers and employees of the Department of Transportation, the Department of Defense, Department of Energy, Nuclear Regulatory Commission, NASA), DBI employees must be free of chemicals that interfere with and reduce effectiveness, such as nicotine, drugs, and alcohol. Employee understands that DBI conducts pre-employment and random urinalysis for drugs including nicotine, toward the goal of ensuring fitness and readiness, and Employee agrees to participate in and cooperate with the testing. Employee agrees and consents that testing will be done at an assigned off-site location, and at other locations where employee might be assigned.
h. Employee understands and acknowledges that private and personal information about Clients and about DBI is confidential. In addition to the conventional meanings of the words “private” and “personal,” which are clear, “private and personal” is defined herein as information which Employee could encounter only as the result of his/her access to Client information through his/her employment with DBI, and which Clients and DBI consider private and personal and do not want disclosed to the general public without authorization by the Client. In addition to Employee’s duty of loyalty, and in addition to the various laws that protect privacy, all of which Employee agrees to abide by, Employee understands that disclosing private and personal information amounts to theft from the people who own that information.
i. In the event any employee is involved in disclosing information that belongs to Clients or from DBI, and that information is published or disseminated as the result of Employee’s disclosure, this would damage DBI enormously, DBI having been the conduit for bringing the employee into the life and orbit of its Client, and DBI being obligated to ensure Confidentiality and privacy to its Clients. In the event any employee is involved in disclosing information of value that was stolen from Clients or from DBI, Employee agrees to damages amounting to $5 for each copy of a newspaper or magazine that published the information, $1 million per non-network U.S. broadcast, and $2 million per network broadcast. In the event any employee is involved in disclosing information belonging to Clients or DBI, Clients might seek damages from DBI. Employee hereby indemnifies DBI for all costs arising from Employee’s unauthorized disclosure.
I have had ample time to read the first ten paragraphs of this Agreement, and have been afforded the opportunity to ask any questions. I understand my obligations under the first four paragraphs, and agree to meet them.
5. DBI Confidentiality System
Employee understands that DBI has developed and deploys a Confidentiality System that is a key part of its services and products. Having personally observed and participated in this Confidentiality System during the pre-employment process and/or during Employment, Employee understands that the Confidentiality System includes, among other things:
In-depth background checks of employment candidates and employees to determine their truthfulness, integrity, and history;
Extensive evaluations of vendors, trades, contractors and service-providers of DBI and its Clients;
Comprehensive Employment and Confidentiality Agreements with all employees and trade firms who provide key services;
Providing Clients with signed Confidentiality Agreements of relevant personnel;
Annual reviews and re-execution of Employment and Confidentiality Agreements by every employee, on video-tape, with an opportunity provided for the Employee to ask any questions about their obligations under the Agreements, which include this Agreement.
Investigations and evaluations of Confidentiality Breaches that include sworn interviews of employees, under oath, recorded by a certified stenographic court/deposition reporter;
Employee understands that DBI’s Confidentiality System is designed to provide the best possible assurance to DBI clients, that DBI employees will meet all obligations they have made under their Employment and Confidentiality Agreement.
Employee understands and consents to the procedure of providing copies of Employee’s Employment and Confidentiality Agreement to Clients.
Employee understands that any breaches of any part of DBI’s Employment and Confidentiality Agreement, or any untruthful or deceitful information provided by Employee, will damage the integrity and effectiveness of the entire Confidentiality System, and as such, any breaches are of direct concern to DBI and its Clients, whose privacy, security, and/or peace of mind might be endangered or adversely affected. DBI is duty-bound to inform its Clients of any information regarding breaches of its Employment and Confidentiality Agreement, and accordingly, Employee consents to the release to Clients of DBI of information about breaches of any part of this Agreement.
If at any time, any person, party, entity, business, corporation, or media attempts to cause, encourage, induce, or otherwise cause Employee to breach any part of this Agreement, Employee shall immediately notify DBI and will cooperate with DBI in evaluating and resolving the situation.
6. Confidentiality of Client and Client-Related Information
Employee agrees and acknowledges that protecting, preserving, maintaining, and securing confidentiality of client and client-related information is an absolute and unconditional requirement central to the Employee duties and DBI’S products and services. Employee understands, acknowledges and agrees that the privacy, security, safety and welfare of the client, his/her spouse, significant others, children, dependents, relatives, household members, employees and staff of the client, and any others in the client’s environment (hereinafter, “Client, et al.”) depend on, and require absolute, complete and total confidentiality of any and all information relating or pertaining to Client, et al. Disclosure of any information pertaining to Client, et al., directly or indirectly, intentionally or unintentionally, could jeopardize the lives, security, safety, privacy, and welfare of Client, et al., and/or expose Client et al. to unwanted publicity, and would damage, harm, and/or disrupt Clients’ relationships with DBI.
Employee agrees not to make use of, or divulge or otherwise disclose, directly or indirectly any confidential client information, including but not limited to: names, pseudonyms, identifying characteristics, or information which reveals or could reveal the identity of the Client et al., the location and/or whereabouts of Client, et al., the personal habits, routines or schedules of Client, et al., personal or business associates of Client, et al., personal and/or real property and/or assets of Client; Confidential Client Information constitutes confidential, proprietary, and trade secret information as defined by law and set forth further below.
If at any time, any person, party, entity, business, corporation, or media attempts to encourage, induce, or otherwise cause the disclosure of Confidential Client Information, whether by court order, subpoena, legal process, or otherwise, Employee shall immediately notify DBI and will cooperate with DBI in preserving Confidential Client Information.
The provisions of this Section shall remain in full force and effect after Employee’s employment with DBI ends.
I have had ample time to read Paragraphs 5 and 6, and have been afforded the opportunity to ask any questions. I understand my obligations under these paragraphs, and agree to meet them.