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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49821
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have previously signed a NDA with a former employer,

Customer Question

I have previously signed a NDA with a former employer, and was awarded financial compensation.
I recently wrote a post on linkedin (which I have now deleted) in which I discuss, without identifying the workplace, a few of the circumstances that led up to the legal agreement/my leaving the company.
Is this breaking the terms of my NDA?
Many thanks for your time and any thoughts - it is greatly appreciated!!
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What were the terms?
Customer: replied 2 years ago.

Hi Ben,

Many thanks! My lawyer advised me that I would be unable to discuss the case with anyone aside from my very closest family, but other than that I do not know the terms. I am now assuming that it likely does include anything online.

The post I wrote does not identify the workplace, and what I describe could have taken place anywhere/been experienced by anyone. It was suggested to me by my partner that if I'd written it anonymously, there'd be no question. But because it came under my name, there in lies the difficulty.

Thank you again for your time and any thoughts!

Customer: replied 2 years ago.

I should also add the post was up for 6 days and I deleted it this morning upon further reflection that perhaps even vague descriptions of what I experienced could be in violation of a NDA.

Thank you so much for any ideas you have!

Customer: replied 2 years ago.
Relist: Incomplete answer.
I replied to Ben's query, and then have not heard anything else back. He is now offline and no indication if he will be coming back to me with more.
Please can this be assigned to anyone else online? Many thanks!
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
I am just trying to understand whether you actually knew what terms of the NDA you were signing up to - were these specifically discussed with you at the time?
Customer: replied 2 years ago.

It was many years ago, and from what I can recall, I was told specifically not to discuss it with anyone other than my partner/close family. That is it.

I do not recall whether it was just the agreement terms I was to not discuss, or whether it was the case in and of itself/any circumstances leading up to it.

As a generality, as I have now deleted it, am I in breach of any NDA terms, in general?

Expert:  Ben Jones replied 2 years ago.
There is no such thing as 'generally' breaching an NDA. Each will have its own terms and be intended to protect specific interests. So if you were in breach of the specific terms of your NDA it does not mean you would generally be in breach of any other possible NDA. Similarly, if your NDA did not contain any specific restrictions preventing you from doing what you did then you would not have been in breach of the agreement. So you would need to check its terms to be certain of whether you have breached it or not.
Even if you had breached it you must consider whether it would be possible for the employer to find out that this has happened. It means that they must have seen it during those 6 days it was up for. If they did not then they can't take any action against you. Also even if this was a breach they must show that there were some losses incurred as a result of your actions.
At this stage you should not overly worry about this as there is no point in doing so until the employer has decided to take action over this. Only time will tell and you can again consider the situation if it comes to that but it is unnecessary to get too concerned at this point in time.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you