Non-Disclosure Violations Attorney

No. NDAs must be reasonable in scope, duration, and subject matter to be enforceable. In California, NDAs cannot restrict disclosure of information about unlawful acts in the workplace, including harassment and discrimination (SB 331, the Silenced No More Act). Overly broad NDAs that effectively function as non-compete agreements may be void under California Business and Professions Code § 16600.

No. Federal and state whistleblower laws override NDAs. Under the Defend Trade Secrets Act (18 U.S.C. § 1833), employees can disclose trade secrets to attorneys and government officials for reporting suspected violations. California's Silenced No More Act (SB 331) prohibits NDAs that prevent disclosure of workplace harassment, discrimination, or other unlawful conduct. New York has similar protections.

No. The National Labor Relations Act protects employees' right to discuss wages and working conditions with coworkers. NDAs that prohibit wage discussions are unenforceable. California Labor Code § 232 specifically prohibits employers from requiring employees to keep their wages confidential. NDAs cannot override these statutory protections.

If you violate a legitimately enforceable NDA, you could face a breach of contract lawsuit seeking damages and injunctive relief. However, employers must prove the NDA is valid, the information was actually confidential, and they suffered actual damages. Before disclosing any potentially protected information, consult an employment attorney to evaluate whether the NDA is enforceable and whether any statutory exceptions apply.