Maine Employee and Severance NDA
Draft a Maine employee or severance NDA that follows 26 M.R.S. 599-C, keeping the worker's right to report unlawful employment discrimination and harassment.
Introduction
A Maine employee NDA is a confidentiality agreement between a company and a worker that protects the employer's trade secrets and confidential business information. A severance NDA is the version signed at separation, usually inside a release agreement, and it often keeps the terms of the exit private. What separates it from a commercial NDA between two businesses is who signs it: a worker cannot be forced to stay silent about unlawful conduct. In Maine, 26 M.R.S. 599-C bars an employer from requiring an employee, intern, or applicant to sign an agreement that waives or limits the right to report or discuss unlawful employment discrimination, including workplace harassment. A severance version may keep those facts confidential only with separate monetary consideration and a statement reserving the right to report to agencies and testify. DocDraft drafts a Maine employee or severance NDA from your facts, with the protected-disclosure carve-out built in, and attorney review is available before anyone signs.
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Key Things to Know
- 1
Maine's rule lives in 26 M.R.S. 599-C. An employer may not require an employee, intern, or applicant to sign an agreement that waives or limits the right to report or discuss unlawful employment discrimination.
- 2
Harassment counts as discrimination here. The protection reaches workplace harassment alongside other forms of unlawful employment discrimination, so an NDA cannot gag either.
- 3
A severance NDA can keep facts private, but only conditionally. Maine permits a settlement, separation, or severance agreement to bar disclosure of a discrimination claim's facts only when strict conditions are met.
- 4
Separate consideration is required. To keep those facts confidential, the departing worker must receive separate monetary consideration specifically for that confidentiality promise.
- 5
The agreement must reserve the worker's rights. A qualifying severance NDA has to state that the worker keeps the right to report to enforcement agencies and to testify in a related proceeding.
- 6
Trade secrets stay protectable. Maine's limits target gags on unlawful discrimination, not legitimate confidential information, so an NDA can still protect trade secrets and business data.
- 7
The federal floor still applies. The Speak Out Act and the Defend Trade Secrets Act notice apply in Maine on top of 599-C, and reporting rights to the EEOC and NLRB cannot be waived.
Key decisions before you file
Before you file a Employee and Severance NDA in Maine, a few decisions shape the document: which option to choose and what each one means. The Employee and Severance NDA guide walks through them.
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Maine Requirements for Employee and Severance NDA
Maine 26 M.R.S. Section 599-C
Draft a Maine employee or severance NDA that follows 26 M.R.S. 599-C, keeping the worker's right to report unlawful employment discrimination and harassment.