Can an employer enforce a non-disclosure agreement even after termination of employment?

The answer here is strongly dependent on the language itself within the non-disclosure agreement. For example if there is language pertaining to disparagement, such terms often do limit the ability to communicate information with third parties, with some limitations such as law enforcement, federal agencies, or legal representation. Without reviewing your specific agreement it is hard to give a clear answer but it is a distinct possibility that the language can indeed restrict communication with third parties, especially if you received some manner of financial benefit from signing the agreement with the employer.

Employee Non-Disclosure Agreements (NDAs) can indeed impact your ability to share certain information, but their scope and enforceability can be complex: 1. Purpose of NDAs: Typically protect confidential business information, not personal experiences. 2. Scope: The specific language in your NDA determines what information is covered. 3. Public interest: Some courts may not enforce NDAs that conceal illegal or unethical practices. 4. Whistleblower protections: Certain laws may protect disclosures of wrongdoing. 5. Defamation risks: Even without an NDA, false statements could lead to legal issues. However, the specifics of your situation require careful analysis: - The exact terms of your NDA - Nature of the information you want to share - Applicable state and federal laws - Potential risks and consequences Given the complexities and potential legal implications, it would be prudent to have a legal professional review your specific NDA and circumstances. As an experienced employment law attorney, I could: 1. Analyze your NDA's terms and enforceability 2. Advise on your rights and potential risks 3. Explore legal options for addressing your concerns 4. Guide you on how to proceed safely Would you like to discuss your situation in detail and explore your options for sharing your experiences while minimizing legal risks?

This is an excellent question, and one that many employees have as workplace transparency becomes increasingly important. In general, while Employee Non-Disclosure Agreements (NDAs) can restrict the sharing of confidential business information, they cannot legally prevent you from discussing your own employment conditions—such as salary, benefits, hours, and working conditions—with others. 1. Federal Protections Under the NLRA The National Labor Relations Act (NLRA) protects most private-sector employees’ rights to discuss terms and conditions of employment, including: Pay and bonuses Hours and schedules Workplace policies Benefits Working conditions These discussions are considered “protected concerted activity,” especially when they relate to improving workplace conditions or comparing treatment. 2. NDAs Cannot Override Federal Law Even if an NDA includes language that attempts to restrict these discussions, such provisions are likely unenforceable if they conflict with federal labor protections. However, your NDA can lawfully prohibit disclosure of: Trade secrets Business strategies Client lists Proprietary systems or processes 3. State Laws May Provide Additional Protection Some states go further by enacting laws that expressly ban employers from preventing salary or benefit discussions, or penalizing employees for doing so. What You Can Do: Review your NDA carefully to identify what it defines as “confidential information.” Look for language that appears overly broad or vague, especially if it includes general employment terms. If you are uncertain, a legal review can help determine whether any clause may violate federal or state protections. I would be happy to help interpret your NDA and ensure your rights are protected while respecting any legitimate confidentiality obligations.

I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).

I am a WA State attorney. For starters, obtain a copy of your policy, print it, and read it carefully, using a yellow highlighter to highlight your questions/concerns, while making notes on a notepad. Check with independent malpractice insurers in WA to determine typical amounts of coverage in your field and county. Consider buying more on your own and/or an umbrella policy. Check with instructors, mentors, and colleagues in your field to seek guidance on adequate coverage.