“Sign on the Dotted Line…”
There are many well known Reformed and Evangelical nonprofits that make use of contracts, NDAs, and agreements that are by definition ungodly.
Inventions Assignment Agreement
One example is an “inventions assignment agreement” that was made as a condition of full-time employment. The agreement states:
“Employee agrees that any inventions (including, but not limited to, work product and intellectual property, regardless of form and medium) made, developed or created by Employee solely or jointly with others during the term of this Agreement, that (1) are made with the Organization’s equipment, supplies, facilities, trade secrets or time, OR (2) that relate, at the time of conception or of reduction to practice, to the business of the Organization or the Organization’s actual or demonstrably anticipated research or development (i.e., that relate in any way to the Bible, Christianity, Christian perspectives, or related subject matter within the scope of the type of content the Organization is in the business of publishing or broadcasting), OR (3) that result from any work performed by Employee for the Organization or result from the use of premises owned, leased or otherwise used or acquired by the Organization (hereinafter referred to as “Invention” or “Inventions”), shall belong to the Organization, & Employee promises to assign any and all rights in such Inventions to the Organization.” (emphasis added)
Recognize that for criteria #2 above in bold that the organization would be able to wholesale claim ownership of anything that relates “in any way to the Bible, Christianity, Christian perspectives, or related subject matter within the scope of the type of content” of the organization. The wording is so overarching and general that in effect, they could claim ownership of basically anything a full time employee created that had anything to do with the Bible, Christianity, or Christian perspectives, on or off the clock. That would include social media posts, personal blogs, and other media that are done entirely during an employee’s personal time off the clock. In effect, this agreement attempted to “own” the entire life of the full time employees and what they created and wrote. This agreement created the possibility for the organization to be able to press legal charges against an employee if they deemed that something they said or wrote was within the “scope of business” of the organization.
Social Media Policy
Another example is a “social media policy” that Reformed and Evangelical organizations will require their employees to sign. These are specific rules that lay out topics and words that their employees are not allowed to talk about on their own personal social media or blogs on their own free time, at the threat of disciplinary action or termination. Several of these organizations will directly spell out, for example, that their employees cannot talk about race, racism, racial justice, and will in effect try to silence them from any sort of activism.
Non-Disclosure Agreement and Separation of Release and Claims Agreement
A third example is a non-disclosure agreement (NDA) or a “separation of release and claims agreement,” whereby the organization basically pays a terminated employee an agreed upon sum in exchange for the employee to release the organization from the consequences of any legal action or to silence the employee from disclosing any untoward activities of the organization. Language may include things such as:
“…the employee releases the employer from any and all claims, charges… including… violation of the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, or the Americans with Disabilities Act or similar state or federal law, violation of public policy, violation of the California Labor Code, violation of the California Business and Professions Code, violation of the Fair Credit Reporting Act, violation of the California Consumer Credit Reporting Agencies Act, violation of the California Investigative Consumer Reporting Agencies Act and violation of constitutional rights.”
These types of agreements take advantage of employees who have gained skillsets and networks that can only find employment with organizations that are connected to their employer. To refuse to sign these agreements would result in them becoming blacklisted and not being able to find new employment. It also takes advantage of employees who do not have any savings or ability to jump quickly to another job (e.g. seminary graduates) and places a pot of gold in front of them in their desperate time of need. NDAs and similar agreements ultimately are not “above reproach” and show that an organization wants to hide something from the public.
Conclusion
These types of agreements and contracts are way too prevalent in Reformed and Evangelical organizations, and they are often used to control the personal lives of employees, stifle their rights to free speech, and silence any possibility of legitimate complaint and legal action.
