Asked in Contracts and Employment Law for North Carolina

Q: Question about independent contract clauses.

Recently rcvd an email from the company I do contract work for. The email states they have rcvd reports of contractors allowing people to accompany them during work. They quoted a clause

Section 6.2 DISCLOSURE OF CONFIDENTIAL INFORMATION

“Contractor (i) will hold and maintain all Confidential Information in the strictest confidence; (ii) ...will not at any time...use, divulge, disclose, or communicate any Confidential Information to any person, firm, corporation, or entity in any manner whatsoever.”

Section 9 SUCCESSOR AND ASSIGNS

The ”Contractor may not assign Contractor’s rights or delegate Contractor’s duties or obligations” under the contract “ without the prior written consent of the company.”

Would bringing my 18 month old daughter with me be a breach of this clause even though I am not disclosing info to her nor am I assigning any part of my work to her?

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1 Lawyer Answer

A: It does not appear that bringing your daughter is a violation of either of these clauses as you are neither sharing information with her or subcontracting any of your work to her. At that age, there is really no problem unless it impacts your work in any manner. At some later age, an argument could be made that confidential information could be disclosed.

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