4 ms·

Ask HN: Not disclosing employment (under an NDA)

11 points by jason_slack 8y ago

What would you do if a previous employer asked you to sign an NDA (tied to receiving severance pay) stating that you wont disclose that you worked for them and what you did for them and how? How would one notate this on a resume? Especially if you worked there 9 years and it would create an employment gap. Think finance sector.

itronitron 8y ago
I wouldn't sign it, but if the severance was greater than or equal to 9X my last annual salary then I would consider it.
icedchai 8y ago
Tell them it's too late, you already disclosed it. What can you do other than cash the check?
Digory 8y ago
That's kind of interesting and evil. It's not a covenant not to compete (which must be reasonable, and would be unenforceable in some states). It's a covenant to keep secrets in a way that makes you less employable. If it holds up, you'd have to leave a resume gap. Or put something down like "2017 - 2018 Confidential." Which might as well be "A short stay at Utica." Talk to a local lawyer, of course. Some states have "service" or "reference" laws that require employers to disclose information.[0] [0] https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html https://www.nolo.com/legal-encyclopedia/free-books/employee-...
greenyoda 8y ago
You could try to negotiate. For example, see if they'd go for an agreement where you couldn't talk about the details of what your work was, but you could say where you worked and what your title was, and they agree in writing to confirm that you worked there and give you a favorable reference. If they don't go for that, you can tell them that due to the expected problems that would cause for your future job searches, you'd require a much larger severance payment than what they're offering. If you can't get them to agree to terms that would be acceptable to you, you could refuse to sign and walk away from the severance payment (assuming that your financial situation would allow for that). But do talk to a lawyer first and find out what your legal rights are in the state where you work.
ThePhysicist 8y ago
Which country are you in? In Germany (and most of Europe) such clauses are often void as they are overly unfair for the employee. The legislator usually weighs the risk of the company against the desire of the ex-employee to advance his/her career. It's hard to see how merely disclosing your former work relationship with a company might harm their interests or violate trade secrets. In general, NDAs and non-competes (which might be more applicable to your situation) are only enforceable if they have a reasonable scope (i.e. list a number of specific companies that you're not allowed to work for instead of specifying an entire industry), a reasonable duration (e.g. 12 to 24 months) and include severance pay that appropriately compensates your opportunity loss. Financial corporations usually have very good lawyers though, so I highly recommend you to get one yourself and have him/her check the no-compete / NDA, as this is a complex legal matter and nothing that can be resolved quickly in an online forum.
- jason_slack 8y ago
  I am in the United States.
dyeje 8y ago
Probably just decline unless the severance is good enough to make up for the extra difficulty in job searches.
fargo 8y ago
Well, what have you be telling people for the last 9 years? You can't non-disclose already disclosed information
codegeek 8y ago
I am not a lawyer but aren't NDAs supposed to be protecting information about the company but NOT omitting the fact that you worked there for 9 years? I mean how can someone even ask to not mention 9 years of employment. I am not even sure how you can consider something like that. I am sure severance is not going to be that large right?
rajacombinator 8y ago
Would have to be a massive severance package (ie fu money) to consider this. Probably high 7 figures at least. And if knowledge of your existence is so important to them that they would ask for this (I’ve never heard of such a request before), you can probably get that amount.
JSeymourATL 8y ago
Your Employment History is likely already available in the public domain via your Credit Report > https://www.experian.com/blogs/ask-experian/is-employment-listed-in-your-credit-report/ https://www.experian.com/blogs/ask-experian/is-employment-li...
weliketocode 8y ago
Some interesting answers here, but why not just put: Senior RoleTitle - Last 9 Years Fortune 500 Finance Company - Worked on projects related to fieldA - Broad general statement of work1 - Broad general statement of work2

11 points by jason_slack 8y ago

itronitron 8y ago

I wouldn't sign it, but if the severance was greater than or equal to 9X my last annual salary then I would consider it.

icedchai 8y ago

Tell them it's too late, you already disclosed it. What can you do other than cash the check?

Digory 8y ago

That's kind of interesting and evil. It's not a covenant not to compete (which must be reasonable, and would be unenforceable in some states). It's a covenant to keep secrets in a way that makes you less employable. If it holds up, you'd have to leave a resume gap. Or put something down like "2017 - 2018 Confidential." Which might as well be "A short stay at Utica." Talk to a local lawyer, of course. Some states have "service" or "reference" laws that require employers to disclose information.[0] [0] https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html https://www.nolo.com/legal-encyclopedia/free-books/employee-...

greenyoda 8y ago

You could try to negotiate. For example, see if they'd go for an agreement where you couldn't talk about the details of what your work was, but you could say where you worked and what your title was, and they agree in writing to confirm that you worked there and give you a favorable reference. If they don't go for that, you can tell them that due to the expected problems that would cause for your future job searches, you'd require a much larger severance payment than what they're offering. If you can't get them to agree to terms that would be acceptable to you, you could refuse to sign and walk away from the severance payment (assuming that your financial situation would allow for that). But do talk to a lawyer first and find out what your legal rights are in the state where you work.

ThePhysicist 8y ago

Which country are you in? In Germany (and most of Europe) such clauses are often void as they are overly unfair for the employee. The legislator usually weighs the risk of the company against the desire of the ex-employee to advance his/her career. It's hard to see how merely disclosing your former work relationship with a company might harm their interests or violate trade secrets. In general, NDAs and non-competes (which might be more applicable to your situation) are only enforceable if they have a reasonable scope (i.e. list a number of specific companies that you're not allowed to work for instead of specifying an entire industry), a reasonable duration (e.g. 12 to 24 months) and include severance pay that appropriately compensates your opportunity loss. Financial corporations usually have very good lawyers though, so I highly recommend you to get one yourself and have him/her check the no-compete / NDA, as this is a complex legal matter and nothing that can be resolved quickly in an online forum.

jason_slack 8y ago
I am in the United States.

dyeje 8y ago

Probably just decline unless the severance is good enough to make up for the extra difficulty in job searches.

fargo 8y ago

Well, what have you be telling people for the last 9 years? You can't non-disclose already disclosed information

codegeek 8y ago

I am not a lawyer but aren't NDAs supposed to be protecting information about the company but NOT omitting the fact that you worked there for 9 years? I mean how can someone even ask to not mention 9 years of employment. I am not even sure how you can consider something like that. I am sure severance is not going to be that large right?

rajacombinator 8y ago

Would have to be a massive severance package (ie fu money) to consider this. Probably high 7 figures at least. And if knowledge of your existence is so important to them that they would ask for this (I’ve never heard of such a request before), you can probably get that amount.

JSeymourATL 8y ago

Your Employment History is likely already available in the public domain via your Credit Report > https://www.experian.com/blogs/ask-experian/is-employment-listed-in-your-credit-report/ https://www.experian.com/blogs/ask-experian/is-employment-li...

weliketocode 8y ago

Some interesting answers here, but why not just put: Senior RoleTitle - Last 9 Years Fortune 500 Finance Company - Worked on projects related to fieldA - Broad general statement of work1 - Broad general statement of work2