
Ask HN: Employer Violated NDA - cartiers
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.<p>We have meetings frequently, so it&#x27;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.<p>I&#x27;m really not familiar with the legalities of this situation. I wanted to know what my options are, and if anyone has any recommendations.
======
11thEarlOfMar
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...

~~~
cartiers
Yeah. It was mutual and slanderous.

------
a_metaphor
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.

------
markbarrington
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.

------
prdonahue
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.

------
sjs382
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.

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

~~~
cartiers
What type of lawyer?

~~~
a_metaphor
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

~~~
cartiers
Thanks.

------
WalterSear
Lawyer up.

