Nonprofits: There is Liability for the Acts of your Volunteers

A parent looks away from a crowded swimming pool to answer a phone call; a driver makes a split-second decision to try to make it through a yellow light with a sudden burst of speed. We recoil when we read these scenarios because we know only too well that tragedy can result.

What happens when these incidents involve volunteers for your nonprofit? Your organization might be liable for the resulting injury.

 

Volunteers are the lifeblood of many nonprofits. But the actions of a volunteer can also create devastating liability for the organizations in a personal injury claim. While the law provides some relief for the negligent acts of volunteers, these laws vary widely from state to state and are often misunderstood. Don’t make the mistake of assuming that your nonprofit will be exempt from liability because its purposes are charitable, or because the person responsible for the harm is a volunteer. Continue reading “Nonprofits: There is Liability for the Acts of your Volunteers”

Employer Confidentiality Agreements That Go Too Far

Many employers require employees to sign a Confidentiality Agreement regarding certain data and information that the employee will have access to in the course and scope of their employment. There are certain types of employer data that must be maintained as confidential such as:

  • Client identification or personal health information under the federal Health Insurance Portability and Accountability Act (HIPAA)
  • Personally identifiable information (PII), such as donor names and credit card numbers or employee addresses and social security numbers under privacy and state confidentiality laws.

Additionally, general business information that an employer needs to keep confidential for business reasons to maintain a competitive advantage such as business plans, financial resources, funding sources or customer lists falls within the definition of trade secrets and can be maintained as confidential. Protecting this data is simple, right? You just have employees sign a broad confidentiality agreement, and that’s that! Continue reading “Employer Confidentiality Agreements That Go Too Far”