Recently, I was let go from a startup. No real reason was given, so it was quite a surprise. I was immediately presented with a severance which I would only get if I signed a non disclosure agreement and I had to make the decision right then and there. I felt like I had no choice, because I didnāt make much money and was barely getting by. A couple weeks earlier I reported sexual harassment at work. The timing seems sketchy with when I was let go and Iām kicking myself for signing the NDA, because I want to speak out, but donāt know if I can be held liable for doing so. I donāt want any money for it, I just feel itās the right thing to do. Does anyone have any experience with this? And does anyone know if I can be sued for speaking out about what happened even though I signed an NDA? Again, Iām not expecting any money, nor do I want to sue them. I just want to do the right thing because Iām not the only one at the company who has experienced this. Thanks for reading. #MeToo š
Non disclosure agreements don't cover illegal behavior. If you reported sexual h earlier and feel the matter was unresolved it doesn't matter what you signed.
This is good to know! Thank you so much for taking the time to respond.
Oh no no no. TecA10 is partially incorrect. NDA doesn't prevent reporting illegal behavior to the authorities/cops but it certainly prevents speaking out. Talk to a lawyer. The company can and will sue you for much more than your severance. I am not a lawyer and this is not legal advice. EDIT: To clarify, reporting it to the cops is normally allowed under NDA. Talking to an attorney under attorney-client privilege is also normally allowed. Making a post on Blind or any website/app/news outlet might be prohibited.
We can't advise you on legal matters. Lawyer up, that's the only way you'll know for sure
Is there an echo in here? š¤š
I will, but I was mainly wondering if anyone else has experienced this. Itās a bit of a intimidating thinking about the whole situation.
L-a-w-y-e-r. For all questions about contracts or legal questions, always, always, always consult a lawyer.
Like I said, unlike a lot of people it seems like on here, I donāt have a lot of money. I called one attorney and their office said they said it would normally be free to speak with them the first time, but since I said I had no intention of suing, it would cost money. I think it was $350 for the hour if I made an appointment. I guess I just wanted any feedback others had before spending that money because it is a lot to me.
I don't blame you. If you Google this issue, you may be able to come up with similar cases that have already been filed for other companies. Good luck.
Consult a lawyer to be sure. Again, I am not a lawyer. You should consult one. But in general, NDAs don't cover reporting illegal activity to the authorities. So if what happened to you is illegal and you have evidence, you're probably safe speaking to the police, especially in this climate. What you probably can't do is call a press conference.
NDA is Not applicable for illegal bh. Lawyer up and you need to document and prove the behavior .. get others to join you if they faced the same. By the way what was the harassment done to you by folks in the company ?
Are you sure? @maybebezos said up above that it doesnāt prohibit me from going to the authorities, but that I can be sued for speaking about it to others. And the harassment was from one individual above me who would say very graphic things to women. That person still works there even after multiple reports. Not ok.
Thatās horrible and sorry that happened. You donāt need a paying lawyer to start. Call EEOC. Cant find on web and can make an appointment. Government agency and free. They can handle for you to do investigation to start and will recommend if itās a case they will take up or say that they wonāt but you should go to a legal firm. Regardless this way can see if the case has enough merit for them to handle for free.
Thank you! Yes, EEOC might be the appropriate way to go.
you possibly already violated the NDA by posting about it here
Wow what a crazy thought that that could be true
Nah, M$FT isn't sure on this. Illegal stuff can and should be reported
You cannot contract out of law.
Pay a couple of hundred for an hour of lawyer time to find out.
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What does the NDA say? If itās limited just to trade secrets and such Iād imagine you can speak up about this incident. Also I donāt think any NDA should be allowed to silence someone from reporting something illegal.
It says I can not disparage the company in any way. Is that even legal if it comes to reporting sexual harassment?
No, it can't prevent you from filing a police report. It can prevent you from calling a press conference.