New Jersey Employee and Severance NDA
Draft a New Jersey employee or severance NDA that follows N.J.S.A. 10:5-12.8, with the required notice and carve-out for discrimination and harassment claims.
Introduction
A New Jersey 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 settlement or 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 New Jersey, N.J.S.A. 10:5-12.8 makes any provision concealing the details of a discrimination, retaliation, or harassment claim unenforceable against a current or former employee. A settlement resolving such a claim must also carry a bold notice that confidentiality is unenforceable against the employer if the worker reveals enough detail to make the employer reasonably identifiable. DocDraft drafts a New Jersey employee or severance NDA from your facts, with the required carve-out and notice built in, and attorney review is available before anyone signs.
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Key Things to Know
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New Jersey's rule is N.J.S.A. 10:5-12.8, under the Law Against Discrimination. It makes any clause concealing the details of a discrimination, retaliation, or harassment claim unenforceable.
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The scope is broad. It covers discrimination, retaliation, and harassment together, not just sexual harassment.
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It reaches both contracts and settlements. The bar on concealment applies to an employment contract and to a settlement agreement alike.
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A statutory notice is mandatory in settlements. Every settlement resolving such a claim must carry a bold, prominently placed notice about when confidentiality stops protecting the employer.
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The notice explains a two-way rule. If the employee publicly reveals enough detail to make the employer reasonably identifiable, the confidentiality provision becomes unenforceable against the employer.
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It runs in the employee's favor. The concealment clause is unenforceable against a current or former employee, so the worker keeps the ability to speak about the claim.
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Trade secrets stay protectable. The statute limits concealment of claim details, not legitimate confidential business information, which a New Jersey NDA can still protect.
Key decisions before you file
Before you file a Employee and Severance NDA in New Jersey, 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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New Jersey Requirements for Employee and Severance NDA
New Jersey N.J.S.A. 10:5-12.8
Draft a New Jersey employee or severance NDA that follows N.J.S.A. 10:5-12.8, with the required notice and carve-out for discrimination and harassment claims.