NDAs in the Workplace
An employee NDA is enforceable once signed by an employee in exchange for “consideration,” meaning that they’ve received something in return. Consideration can be employment itself or some other form of compensation.
NDAs may be deemed unenforceable in court in certain cases, such as:
- The agreement’s restrictions or duration are too broad or not clearly defined.
- The NDA asks an employee to engage in illegal activity or waive their rights under the National Labor Relations Board.
- The agreement lacks adequate consideration.