united-states employment
Can an employment agency enforce a clause forbidding those who work for it disclosing for which companies they have worked?
<p><a href="https://workplace.stackexchange.com/questions/147145/i-was-offered-software-developer-position-in-a-multi-billion-dollar-company-base/147150#147150">This answer</a> on S.E's &quot;the Workplace&quot; says</p>
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<p>The employment agreement might prohibit disclosing the names of specific clients.</p>
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<p>To what extent is that legally enforceable?</p>
<p>I can understand that I may not be allowed to say on my CV/resume that I worked for certain government departments, but how is it in general? Further, I can see how a government department can, and can require the agency to pass that requirement on, but I do not believe that such a clause by an agency would hold up, as it is liable to deprive the signer of the the means of earning a living.</p>
<p>Can Agency, Inc really take legal action if my CV and my statements at interview say that I worked <em><strong>at</strong></em> (not for) BigCompany, Inc, on a contract basis?</p>
<p>As per my answer to <a href="https://workplace.stackexchange.com/questions/146133/working-for-a-big-company-through-another-small-company-can-i-say-im-working/146145#146145">Working for a big company “through” another small company. Can I say I'm working for the first?</a></p>
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<p>If you want to keep you conscience clear(ish), you could always say &quot;I work at BigCompany, Inc&quot; and let others draw their own conclusions.</p>
<p>I will enlarge a little.</p>
<p>I have been a software contractor for much longer than you have been alive, and use &quot;I work for&quot; since BigCompany gains from my work (more than the middle-man); they use the software that I develop, while the agent only takes a cut.</p>
<p>But, the important part here is where you ask</p>
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<p><code>Now, the question is, am I wrong in writing on my resume that I'm a consultant for BigCompany?</code></p>
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<p>You could do that.</p>
<p>2017 - 2109 BigCompany, Inc, Position: consultant</p>
<p>Personally, I put</p>
<p>2017 - 2109 BigCompany, Inc, Position: senior software engineer</p>
<p>But I would never, ever, ever name an agency on my CV.</p>
<p>The reason is that hiring managers in the industry can gauge your suitability from companies where you have worked. So, having experience at British Aerospace is of interest to a hiring manager at Boeing, etc</p>
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<p>It may also be worth mentioning that I am security cleared in Europe and work on sensitive government/military projects, and find risible the idea that a potential employer not be allowed to know of my employment history.</p>
<p>Tl;dr - can an employment agency enforce a clause forbidding those who work for it disclosing for which companies they have worked?</p>
<p>I have added a<a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" rel="tag">united-states</a> tag, as that is where the original question is based.</p>

<p>They likely can. </p>

<p>This information would likely fall under an NDA (Non-Disclosure Agreement) clause in the contract with the contracting company. The other clients of the contracting company could be considered confidential information, e.g., a client list, which can be covered by an NDA.</p>

<p>An NDA will usually have a term for duration and a term for breach consequences. </p>

<p>However, it is unlikely that an NDA would apply to prevent disclosure of other companies if the contracting company posts [all? | some?] of their clients publicly, such as in advertisements or blog posts online. </p>

<p>For some more information, you may check out this post from <a href="https://legaltemplates.net/resources/business/information-you-can-and-cannot-protect-with-a-non-disclosure-agreement/" rel="nofollow noreferrer">LegalTemplates</a>.</p>
