Virginia Employee and Severance NDA
Draft a Virginia employee or severance NDA under Va. Code 40.1-28.01, which voids condition-of-employment gags concealing sexual assault or harassment.
Introduction
A Virginia 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 Virginia, Va. Code Section 40.1-28.01 bars an employer from requiring a worker or applicant to sign a nondisclosure, confidentiality, or non-disparagement provision that conceals a claim of sexual assault or sexual harassment as a condition of employment; any such provision is void. It is aimed at onboarding agreements and is generally read not to reach a post-dispute severance release. DocDraft drafts a Virginia employee or severance NDA from your facts, with that carve-out built in, and attorney review is available before anyone signs.
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Key Things to Know
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Va. Code 40.1-28.01 targets condition-of-employment NDAs. An employer cannot require a worker or applicant to sign an NDA or non-disparagement provision that conceals a claim of sexual assault or sexual harassment as a condition of employment.
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The Virginia rule is aimed at onboarding, not exit deals. It voids gags imposed as a condition of employment, and it is generally read not to reach a post-dispute severance or settlement release with a former employee.
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A post-dispute settlement may still permit confidentiality. Because the ban is tied to condition-of-employment agreements, a severance agreement that resolves an actual dispute can still keep terms private.
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Non-disparagement clauses are included. A 2023 expansion swept non-disparagement provisions into the ban alongside confidentiality clauses.
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Covered conduct is sexual assault and sexual harassment. The statute ties to specific Virginia sexual-assault code sections and the sexual-harassment definition in section 30-129.4.
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Trade secrets stay protectable. Virginia law still lets an NDA protect client lists, pricing, processes, and other genuine confidential business information.
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The federal floor applies on top. The Speak Out Act and the non-waivable right to report to the EEOC, the NLRB, and the SEC still limit any Virginia NDA.
Key decisions before you file
Before you file a Employee and Severance NDA in Virginia, 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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Virginia Requirements for Employee and Severance NDA
Virginia Code Section 40.1-28.01
Draft a Virginia employee or severance NDA under Va. Code 40.1-28.01, which voids condition-of-employment gags concealing sexual assault or harassment.