Non-disclosure or confidentiality agreements, also referred to as NDAs, are legally binding contracts between two or more parties, ensuring certain information will remain private. In company settings, employers may request current or prospective employees to sign a non-disclosure agreement when they have access to sensitive information or knowledge about the organization.
Most non-disclosure agreements are generally related to your job position and only restrict the information and knowledge pertaining to the company. However, there are times when an employer may try to restrict your voice and rights with a complicated, and sometimes unlawful, NDA. If your employer tries to force you to sign an inappropriate or unlawful NDA, immediately speak with an experienced Virginia employment lawyer from The Spiggle Law Firm.
When Is It Unlawful for an Employer to Require Employees to Sign NDAs?
On March 26th, 2023, Virginia Governor Youngkin signed HB 1895 into law, amending VA. Code § 40.1-28.01, also known as the Nondisclosure Agreement Law. The previous legislation restricts employers from requiring current or prospective employees “to execute or renew any provision in a nondisclosure or confidentiality agreement that has the purpose or effect of concealing the details relating to a claim of sexual assault.”
However, once the two amendments in HB 1895 take effect on July 1, 2023, the Nondisclosure Agreement Law will cover not only agreements with the purpose of hiding details relating to sexual assault claims, but also claims of sexual assault. Another critical factor is that these provisions will apply to nondisclosure, confidentiality agreements, and other nondisparagement agreements.
What to Know About General NDAs
General non-disclosure agreements are still lawful in Virginia, and an employer has the right to request current or prospective employees sign NDAs when relating to the position or organization. There are many reasons for employers to require confidentiality agreements, including the following:
- New product plans and launches
- Patent applications
- Use of freelancers to complete specific tasks
- New businesses plans or expansions
- Use of particular software or technology
- Schematics of products
- Sales and marketing strategies
- Operation or process details
If an employer asks you to sign a non-disclosure agreement for an inappropriate situation, speak with a highly-qualified employment lawyer as soon as possible. Our team at The Spiggle Law Firm has the tools and resources to advocate for your rights fiercely.
How The Spiggle Law Firm Can Help Your Employment Case
If an employer tries to force you to sign an unlawful non-disclosure agreement, immediately contact The Spiggle Law Firm to learn about your legal rights and options. Our team is ready to fight fiercely on your behalf. Our team can help you by providing:
- Extensive negotiation tools and knowledge
- Connections within the community
- Responsive and accessible communication
- Up-to-date information about federal and Virginia state laws
- Personalized attention and representation
- Successful and proven case management process
- Contingency-based fee arrangement
Our team provides a “Same Page Guarantee,” meaning we take the necessary steps to understand and effectively communicate our clients’ needs and concerns throughout the legal process. We are dedicated to ensuring our clients’ perspectives are acknowledged and effectively conveyed throughout the legal process.
Contact The Spiggle Law Firm for a Highly-Qualified Employment Lawyer
When you work with The Spiggle Law Firm, you partner with a dedicated team who possesses a comprehensive knowledge of workplace law. We understand how challenging going up against an employer is, and our team will do everything possible to protect and advocate on your behalf. With numerous positive past results and references from previous clients, you can count on our team with your case.
By utilizing our experience and passion for justice, we have built a solid reputation with those in our community. Schedule a free case evaluation by calling (202) 449-8527 or completing our contact form on our website today.
