I'm dealing with a situation and need some guidance.
NDA prevents me from getting new job. I've been dealing with this for about 16 weeks now and the situation isn't improving.
The contract was signed 4 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $107,000.
Do I have a strong case? What should my next steps be?
Have you tried reaching out to your state's attorney general? They sometimes have free resources or mediation services.
I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.
Not a lawyer, but I have direct experience with this.
In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter fr fr.
Every time I see a post like this...
What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.
I've dealt with this before.
I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.
I went through this exact situation two years ago when my former employer tried to use a broad NDA to prevent me from joining a competitor. Spent months stressed out before I finally talked to an employment lawyer, and it turned out the NDA was likely unenforceable as written.
A few things my attorney pointed out that might help you: First, there is a critical difference between an NDA (non-disclosure agreement) and a non-compete. An NDA restricts you from sharing confidential information, but it should not prevent you from working in the same industry or for a competitor. If your NDA is being used to effectively function as a non-compete, that is an overreach and many courts will not enforce it.
Second, NDAs must be reasonable in scope. If the definition of confidential information is so broad that it essentially covers all knowledge you gained during your employment, courts in many states will either narrow it or strike it entirely. General skills, industry knowledge, and publicly available information cannot be classified as confidential.
Third, check your state law. Several states including California, North Dakota, and Oklahoma have strong public policies against restraints on employment. Even in states that enforce NDAs more strictly, courts apply reasonableness tests covering duration, geographic scope, and the types of information protected.
My case resolved without litigation. My attorney sent a letter explaining why the NDA was overbroad and that we would challenge it if they pursued enforcement. My former employer backed down within two weeks. At 107K in potential damages, definitely get a consultation. Most employment attorneys offer free initial reviews for these cases.