This worker receives no direct compensation from our company for their services rendered on our behalf. The temp agency pays this person directly and sends us a bill. This the first temp that we had to hire. Normally all of our employees sign a non disclosure agreement (NDA). But legally this temp is not our employee but an employee of the agency that we have contracted with. 1) Can we legally request that the temp sign a NDA?
2) If so, what is the legal status of the temp in respect to how we must now create a new NDA?
You can and should have the temporary employee sign a non-disclosure agreement ("NDA"). Most likley, the temporary employee did not sign an NDA,
The NDA should reflect that the temporary employee is being provided through an agency (name the agency) with whom you have entered into a contract. This is no different than a subcontractor situation; whereby, you enter into a subcontract with an entity and that entity provides its employees to fulfill the contract.
To be on the safe side, you would be well advised to have an attorney assist you with this matter.
Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.
2. No difference.
The holder of confidential information can request an NDA from anyone as a condition to disclosing that information to the person, regardless of the person's status as employee. This is commonly done between companies before negotiating contracts or making deals. It has no effect on the legal relationship with you or the agency. You should inform the agency in advance of this plan so they will not refer anyone who is unwilling to sign the NDA. Disclosure should be on a need-to-know basis only.
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DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California.
(Bryant) Keith Martin