Her attorneys said in the lawsuit that O’Reilly and the network violated non-disparagement and confidentiality clauses in their 2002 settlement agreement with Bernstein, which stated that if asked about the case, they “may say only ‘The matter has been resolved (or settled)’, without elaboration.”
“But he’s gone far beyond that and painted our client in a terrible light,” one of her attorneys, Neil Mullin, told The Washington Post.
.. “She did go to HR and other company executives to complain about him several times. Fox News took no action to protect plaintiff from O’Reilly. There were many witnesses to her mistreatment. She was not politically or financially motivated to raise the claims of abuse.”
Mullin said O’Reilly’s comments not only violated their 2002 settlement agreement but also illustrate a broader issue, in which powerful men who are exposed as harassers attempt to discredit their victims.
“The reason women don’t come out is because there’s a pattern of these men lashing out,” Mullin said.
Mullin said O’Reilly and Fox News have made “false and disparaging claims” against women who had to sign nondisclosure agreements, adding that the women should be released from those agreements.
“It is cowardly to publicly attack these women knowing they have been subjected to contractual provisions requiring absolute silence,” he said.
.. O’Reilly’s attorney, Fredric S. Newman, said in a statement that “Bill O’Reilly has never mentioned the plaintiff’s name publicly in any context.”
.. In a statement, Mr. O’Reilly suggested that his prominence made him a target.
“Just like other prominent and controversial people,” the statement read, “I’m vulnerable to lawsuits from individuals who want me to pay them to avoid negative publicity. In my more than 20 years at Fox News Channel, no one has ever filed a complaint about me with the Human Resources Department, even on the anonymous hotline.
“But most importantly, I’m a father who cares deeply for my children and who would do anything to avoid hurting them in any way. And so I have put to rest any controversies to spare my children.
“The worst part of my job is being a target for those who would harm me and my employer, the Fox News Channel. Those of us in the arena are constantly at risk, as are our families and children. My primary efforts will continue to be to put forth an honest TV program and to protect those close to me.”
.. In interviews and statements following the story, O’Reilly further denied the allegations.
.. In September, he appeared on the “Today” show, saying that in 42 years in the business, “not one time, did I have any interaction with HR, any complaints filed against me.”
When can an NDA be legally broken?
There are many reasons that a contract can be void or voidable. Wikipedia will give you a good rundown. The reasons which apply to contracts generally will apply to NDAs specifically. This answer focuses on non-disclosure agreements.
Various legal authorities and courts have found contracts to be void in the following circumstances:
1. Crime
2. Torts
3. Public safety
4. Public Health
5. Matters of substantial public concernThe Model Penal Code prohibits what it calls compounding. The crime involves accepting payment in exchange for not reporting a crime.
Weinstein Company Faces Civil Rights Inquiry by New York Attorney General
David Boies, a lawyer who has represented Mr. Weinstein as well as the company, has said the company and its board were aware of as many as four payouts to women. Lance Maerov, a board member, said he was told of only one settlement with a woman who complained of misconduct.
.. employees are calling for the company to release them from their nondisclosure agreements so they can openly discuss what it was like to work there.
Harvey Weinstein’s former assistant breaks NDA to reveal years of harassment, cover-ups
“I want to publicly break my non-disclosure agreement,” said Perkins, who now works for the Robert Fox theater production company. “Unless somebody does this there won’t be a debate about how egregious these agreements are and the amount of duress that victims are put under.”
.. If a complaint was filed against Weinstein within two years of Perkins’ contract and it resulted in either a settlement of either roughly $46,000 or six months’ salary, Miramax would report it to Disney, its then-owner, or fire Weinstein.
It’s unclear whether Miramax fully abided by the terms of Perkins’ NDA.
Perkins’ NDA included a donation to a woman’s charity and her demands that Weinstein undergo therapy “for as long as his therapist deems necessary.” Miramax said it would comply with that clause for three years.
.. “I was very upset because the whole point was that we had to stop him by exposing his behavior,” she said. “I was warned that he and his lawyers would try to destroy my credibility if I went to court. They told me he would try to destroy me and my family.”
Perkins said part of the reason why she publicly came forward now — despite potential legal ramifications — is because NDAs should be “regulated in a fair way.”
“I want to call into question the legitimacy of agreements where the inequality of power is so stark and relies on money rather than morality,” she explained. “I want other women who have been sidelined and who aren’t being allowed to own their own history or their trauma to be able to discuss what they have suffered. I want them to see that the sky won’t fall in.”