Another approach is to define precisely in the agreement what happens when an employee fails to comply with his or her confidentiality obligations, with a portion of the transaction indemnity being reimbursable depending on the seriousness of the violation. Such formulations, however, can be difficult to formulate and negotiate over time. In any case, it can be difficult to recover money from a former employee as soon as the transaction amount has been overmedified. Jan Wong was a former Globe and Mail columnist who was the subject of a wrongful dismissal complaint. The complaint was resolved and the settlement agreement contained a confidentiality clause. The confidentiality clause itself was typical in that it required the parties not to disclose the terms of the transaction. However, the terms contained a somewhat atypical provision, which stemmed from the fact that Wong intended to write a book about his experience of depression in the workplace. The particular circumstances of the transaction may guide the lawyer and client in considering the scope or application of a confidentiality provision as a condition of the agreement. A customer may prefer confidential billing for a variety of reasons. For example, defendants may wish for a confidential settlement so as not to promote additional claims or damage their reputation due to the perception of guilt that might accompany a transaction..

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