Ask HN: Employer Violated NDA | Hacker News Reader

Ask HN: Employer Violated NDA

9 pointscartiers12 comments

I just recently left a company and on leaving I signed a NDA basically saying that neither party should discuss the reason for the split to anyone. So, on the same day I left, the founder had a meeting with the other employees and told them the exact reason I left thus violating the NDA.

We have meetings frequently, so it's customary for them to be recorded. One of my former co-workers sent me audio of the meeting and he violated the NDA to the fullest extent.

I'm really not familiar with the legalities of this situation. I wanted to know what my options are, and if anyone has any recommendations.

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There are two types of NDA: Mutual and Unilateral.

If it is mutual, you likely can take action.

If it is unilateral, you likely don't have a case.

You can tell by the wording and possibly the title of the NDA.

In any case, lawyer up if you want justice. There may be something said on the recording that could be slanderous, libelous, etc. And then of course, it may not be admissible in court if it was recorded without the speaker's knowledge. Or, perhaps someone who was there would testify in a deposition that it was in fact said. Repeating myself, lots of good questions for an attorney...

Yeah. It was mutual and slanderous.

NDAs are typically not worth the paper they are written on, but consult a lawyer if you think it could help.

Fact of the matter is, the damage is done, there is no taking back what he said or did. Moving forward your choices are to let it go(fuck those guys anyway right!), or fight for something you probably won't get.

The process of getting lawyers and pursuing this in court is not an easy process, it will wear on you mentally, it will make you want to rip your fucking hair out in frustration and, in the end, probably nothing will come out of it.

If you signed an NDA with the company (not the founder personally) then it is probable that spreading the information within the company is fine.

These agreements typically restrict the employer from speaking to outside parties, not other employees. Re-read your document carefully — there's almost always a carve out for disclosing to others who are bound by a confidentiality agreement (as employees would be).

In short, you almost definitely have no recourse, but check with an employment lawyer to confirm that.

When you say "neither party", you're talking about 2 parties. Was the other party the company? Or was it with the founder? This is an important distinction.

This is why seemingly simple things are defined explicitly in contracts.

Consult a lawyer, not HN. HN is the wrong place to go for the legalities on any situation.

What type of lawyer?

Employment lawyer

See my other comment for my opinion, but if you want a lawyer, Maria Kallmeyer at Quarles in Chicago is a bad ass, she might be able to advise you or help in some way.

Maria.Kallmeyer@quarles.com

Thanks.

Lawyer up.

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