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If your company discloses confidential information without having the NDA agreed to first, ensure that the NDA applies retroactively by setting the effective date as the date on which confidential information was first disclosed, not the date on which the agreement was signed.
For example, NDAs that prevent an individual from reporting illegal or unethical activity in the workplace may be deemed unenforceable because they interfere with important public policy goals, such as maintaining the integrity of the workplace and preventing discrimination or harassment.
Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from using certain nondisclosure and nondisparagement provisions in employment agreements.
You do not need a lawyer to create and sign a non-disclosure agreement. However, if the information you are trying to protect is important enough to warrant an NDA, you may want to have the document reviewed by someone with legal expertise.
It is also a violation to attempt to enforce a non-compliant NDA, ?whether through a lawsuit, a threat to enforce, or any other attempt to influence a party to comply.? An employer who violates the law after its effective date may be sued for actual damages or $10,000 per violation, along with paying the employee's ...
In 2019, California passed Bill 311, also known as the Silenced No More Act, limiting non-disclosure agreements. ing to Bill 311, employers cannot include clauses in non-disclosure agreements and severance agreements that restrict employees from disclosing information about mistreatment in the workplace.
The term of the NDA indicates how long the NDA will remain in effect. Typically, the standard use for NDAs ranges from one to five years. However, this all depends on the nature of the transaction or market conditions.
The Act (codified as RCW 49.44. 211) makes it illegal for employers in an agreement to prohibit employees from discussing conduct the employee reasonably believed to be an illegal act of discrimination, harassment, retaliation, wage and hour violation, or sexual assault.