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Take Note: Do Not Forget Non-Disclosure Agreements After Employment Ends


Non-disclosure agreements are commonplace for many employers and employees, especially in high level positions and technical fields.  It goes without saying that the term of a non-disclosure often extends beyond the length of employment.  As a result, employers and employees alike often have to remain silent, not share details of their work, etc. long after the employment relationship ends.  This can spell trouble for those employees who want to disclose specific parts of their prior employment to their new employer, other employees, a reporter, etc.  

Enter Steve Bannon.  For those who do not recognize his name, he is the Executive Chairman of Breitbart News, was heavily involved in President Donald Trump’s campaign for President, and served as the White House Chief Strategist in the early days of President Trump’s administration until his departure late last year.  In his role with the campaign, he apparently signed a non-disclosure agreement which prevented him from disclosing aspects of his position and interactions with President Trump and his family.

Earlier this week, it was revealed that Bannon apparently had in depth discussions with the author of an upcoming book which delves into President Trump, his campaign, administration, and family.  Shortly after news of these discussions and upcoming book became known, President Trump’s attorneys sent Bannon a letter informing him of the apparent breach of the non-disclosure and threatened legal action.

Let us use this story as an example for employees (and employers) to remember that non-disclosure agreements are not to be taken lightly.  Quite simply, as evidenced by the situation Bannon currently finds himself in, if found to be true that he violated the non-disclosure by openly discussing ‘out of bounds’ topics with the author, Bannon could find himself in an untenable situation.  While no lawsuit has yet been filed, President Trump’s legal team could seek an injunction, attorney’s fees, and restitution, among other legal remedies, as a result of the apparent non-disclosure breach.  The same thing could happen to employees who violate a non-disclosure agreement as well.

Remember the common saying back during World War II, ‘Lose Lips Sink Ships’?  Keep that in mind next time you, as an employee, want to share confidential details about your employment, in violation of a non-disclosure agreement.  Bad things could happen if you decide to talk.  Even a private conversation may turn out to be public.  Play it safe and stay quiet...the risks hat could arise with violating a non-disclosure agreement are not worth it.



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