For five years, I have worked as a media relations advisor and ghostwriter for people who break their signed nondisclosure agreements (NDAs) to tell their stories. These people have worked at coffee chains, wildlife parks, tech giants, real estate funds, and aerospace companies. The contracts all differ. Some individuals have signed settlement agreements with a lot of money at stake, or separation or severance contracts with a few months’ salary. Some simply signed confidentiality agreements upon starting employment.
Researchers estimate that between 33% and 57% of U.S. workers are constrained by an NDA or similar mechanism. Yet it is difficult to precisely determine how many employees are silenced by NDAs because NDAs are designed to conceal information. In fact, NDAs often provide that the mere existence of the agreement is itself a secret. Lawyers regularly encourage firms to use broad NDAs as a condition of employment—not only to protect trade secrets, but also to discourage employees from revealing bad employment experiences. NDA prevalence also varies by sectors.
