For years, non-disclosure agreements (NDAs) were tools used by some employers to conceal toxic work environments and silence victims of harassment. Employees often felt trapped, believing they signed away their right to speak up. Fortunately, the legal landscape in Washington State has shifted significantly, prioritizing transparency and protecting workers who have experienced workplace misconduct.
Washington's Laws on NDAs: Can an Employer Silence You About Harassment?
The "Silenced No More" Act Explained
Washington’s "Silenced No More" Act, effective June 2022, fundamentally changed how NDAs apply to workplace abuse. This landmark legislation prohibits employers from forcing employees to sign agreements that prevent them from disclosing conduct believed to be illegal discrimination, harassment, retaliation, or wage violations. It is a crucial step toward ending silent suffering in hostile work environments.
Are Existing NDAs Still Valid?
A common concern is whether an older NDA signed before the law changed is still enforceable. Generally, provisions in pre-existing agreements that attempt to silence you regarding illegal harassment or discrimination are now void and unenforceable as a matter of public policy. You likely have more freedom to speak than the old contract suggests.
Exceptions and What Employers Can Protect
While the law is broad, it does not eliminate NDAs entirely. Employers can still require confidentiality regarding legitimate trade secrets, proprietary business information, or the financial amount of a severance agreement. The key distinction is that they cannot buy your silence regarding the underlying illegal acts that occurred within the workplace.
Why You Need a Hostile Workplace Attorney
Navigating these laws while dealing with the trauma of harassment is incredibly challenging. Engaging a qualified hostile workplace attorney is essential to review any agreement you are asked to sign. We ensure your employer isn't overstepping legal bounds and help you understand your actual rights to speak out against injustice without fear of retaliation.
You should never feel forced to choose between your livelihood and your voice in the face of harassment. If you are facing a hostile work environment or are being pressured to sign an NDA, Mann & Kytle, PLLC is here to protect your interests. We understand the complexities of Washington employment law and are dedicated to holding employers accountable. Don't navigate this alone; contact us today for a confidential legal consultation to discuss your specific situation.