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Richard
Richard, Attorney
Category: Business Law
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Experience:  32 years of experience practicing law and a businessman.
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My son is 16 years old and was hired for a job with Sears.

Resolved Question:

My son is 16 years old and was hired for a job with Sears. He says he signed legal documents with them when he was hired. He worked for them for 3 weeks and was fired, apparently because of a breach of an NDA that he signed. He had previous troubles with an individual who came into the store and created a scene with my son. When my son told me about it, I contacted the Sheriffs Dept., who then contacted Sears about the incident. According to my son, Sears said when he told the Sheriff about the incident that happened in the store, (actually my son told me, and I told the Sheriff), that that violated his NDA.

My question is, does this constitute a violation of an NDA? Also he received a legal letter today from an attorney for Sears, citing a demand for $200.00 under Florida Statute #772.11 Is there a legal basis for them to collect this? My son is a minor, and he was telling me about an incident that was a personal matter to our family, that occured while he happened to be at work. Is this valid? Thanks for your help with this.
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard replied 3 years ago.

Good afternoon. The NDA is not legally binding against your son because your son, being a minor, cannot enter into a legally binding contract. Until you are an adult, you are not deemed to have the capacity to enter into a legally binding contract...so whether or not he signed it, it is not binding on him.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

 

Customer: replied 3 years ago.
Under Florida Statute #772.11 (1)

Any person who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his or her parents or legal guardian and who is liable for damages under this section.


This sentence in the middle of it had me concerned and prompted me to ask my previous question. Does this mean if my son is not liable for damages, that I, his mother, am?
Expert:  Richard replied 3 years ago.
No...because they cannot enforce any provision of a contract that is not legally enforceable to start with.
Richard, Attorney
Category: Business Law
Satisfied Customers: 46292
Experience: 32 years of experience practicing law and a businessman.
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