
Ask HN: Not disclosing employment (under an NDA) - jason_slack
What would you do if a previous employer asked you to sign an NDA (tied to receiving severance pay) stating that you wont disclose that you worked for them and what you did for them and how?<p>How would one notate this on a resume? Especially if you worked there 9 years and it would create an employment gap. Think finance sector.
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greenyoda
You could try to negotiate. For example, see if they'd go for an agreement
where you couldn't talk about the details of what your work was, but you
_could_ say where you worked and what your title was, and they agree in
writing to confirm that you worked there and give you a favorable reference.
If they don't go for that, you can tell them that due to the expected problems
that would cause for your future job searches, you'd require a much larger
severance payment than what they're offering. If you can't get them to agree
to terms that would be acceptable to you, you could refuse to sign and walk
away from the severance payment (assuming that your financial situation would
allow for that).

But do talk to a lawyer first and find out what your legal rights are in the
state where you work.

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ThePhysicist
Which country are you in? In Germany (and most of Europe) such clauses are
often void as they are overly unfair for the employee. The legislator usually
weighs the risk of the company against the desire of the ex-employee to
advance his/her career. It's hard to see how merely disclosing your former
work relationship with a company might harm their interests or violate trade
secrets. In general, NDAs and non-competes (which might be more applicable to
your situation) are only enforceable if they have a reasonable scope (i.e.
list a number of specific companies that you're not allowed to work for
instead of specifying an entire industry), a reasonable duration (e.g. 12 to
24 months) and include severance pay that appropriately compensates your
opportunity loss.

Financial corporations usually have very good lawyers though, so I highly
recommend you to get one yourself and have him/her check the no-compete / NDA,
as this is a complex legal matter and nothing that can be resolved quickly in
an online forum.

~~~
jason_slack
I am in the United States.

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JSeymourATL
Your Employment History is likely already available in the public domain via
your Credit Report > [https://www.experian.com/blogs/ask-experian/is-
employment-li...](https://www.experian.com/blogs/ask-experian/is-employment-
listed-in-your-credit-report/)

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rajacombinator
Would have to be a massive severance package (ie fu money) to consider this.
Probably high 7 figures at least. And if knowledge of your existence is so
important to them that they would ask for this (I’ve never heard of such a
request before), you can probably get that amount.

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itronitron
I wouldn't sign it, but if the severance was greater than or equal to 9X my
last annual salary then I would consider it.

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Digory
That's kind of interesting and evil. It's not a covenant not to compete (which
must be reasonable, and would be unenforceable in some states). It's a
covenant to keep secrets in a way that makes you less employable.

If it holds up, you'd have to leave a resume gap. Or put something down like
"2017 - 2018 Confidential." Which might as well be "A short stay at Utica."

Talk to a local lawyer, of course. Some states have "service" or "reference"
laws that require employers to disclose information.[0]

[0] [https://www.nolo.com/legal-encyclopedia/free-
books/employee-...](https://www.nolo.com/legal-encyclopedia/free-
books/employee-rights-book/chapter9-6.html)

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codegeek
I am not a lawyer but aren't NDAs supposed to be protecting information about
the company but NOT omitting the fact that you worked there for 9 years? I
mean how can someone even ask to not mention 9 years of employment. I am not
even sure how you can consider something like that. I am sure severance is not
going to be that large right?

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fargo
Well, what have you be telling people for the last 9 years? You can't non-
disclose already disclosed information

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weliketocode
Some interesting answers here, but why not just put:

 _Senior RoleTitle_ \- Last 9 Years

Fortune 500 Finance Company

\- Worked on projects related to fieldA

\- Broad general statement of work1

\- Broad general statement of work2

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dyeje
Probably just decline unless the severance is good enough to make up for the
extra difficulty in job searches.

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icedchai
Tell them it's too late, you already disclosed it. What can you do other than
cash the check?

