Are broad social media bans in NDAs enforceable?

Generally, no. Courts often strike down overly broad non-disclosure agreements that attempt to silence all discussion of employment, as they may violate public policy or labor laws like the NLRA.

What is the difference between 'confidential information' and 'professional experience'?

Confidential information includes specific internal data, code, or client lists. Professional experience refers to your personal skills, methodologies, and general work history, which you have a right to share.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Can an employment NDA legally restrict me from posting about my work on LinkedIn?

Yes, an NDA can legally restrict you from posting about your work if the content involves proprietary trade secrets, confidential business strategies, or non-public financial data. However, it cannot legally prevent you from discussing general professional experience, skills, or protected labor activities under federal law.

Key takeaway: An NDA is a shield for the company's secrets, not a gag order on your professional identity. If a clause prevents you from listing your job title or general responsibilities, it is likely unenforceable.

Understanding the Scope of Enforceability

Not every word in your employment contract is legally binding. Courts evaluate NDAs based on the "reasonableness" of the restrictions. To be enforceable, a restriction must protect a legitimate business interest, such as trade secrets or intellectual property.

What You Can Legally Share

General Skills and Expertise: You have a right to describe the technologies, software, and methodologies you used.
Job Title and Tenure: Employers cannot prevent you from listing your employment history on your resume or LinkedIn profile.
Publicly Available Information: Anything already disclosed in press releases, marketing materials, or public filings is fair game.
Protected Labor Activities: Under the National Labor Relations Act (NLRA), you have the right to discuss wages, hours, and working conditions with colleagues.

What You Must Keep Confidential

Proprietary Code: Specific internal algorithms or unreleased software architecture.
Non-Public Financials: Internal revenue projections, profit margins, or upcoming acquisition plans.
Client Lists: If the list is curated and not publicly available, it is often considered a trade secret.
Internal Strategy Documents: Memos, "secret sauce" business plans, or internal communications regarding sensitive projects.

The Legal Threshold: Trade Secrets vs. General Knowledge

The distinction between "trade secrets" and "general knowledge" is the most common point of litigation. The Defend Trade Secrets Act (DTSA) defines a trade secret as information that derives independent economic value from not being generally known. If your LinkedIn post reveals information that would give a competitor an unfair advantage, you are likely in violation of your NDA.

Category	Enforceable Restriction	Unenforceable Restriction
Job Duties	Specific proprietary processes	General job title and function
Client Data	Specific contact lists/pricing	General industry experience
Company Strategy	Unreleased product roadmaps	General market observations

Action Item: Before posting, ask yourself: "If a competitor read this, would they gain a specific, actionable advantage?" If the answer is no, you are likely safe.

Red Flags in Your NDA

If your contract contains the following language, it may be overly broad and potentially unenforceable in many jurisdictions:

"All information learned during employment": This is too vague and attempts to cover non-confidential knowledge.
"Prohibition on discussing employment": This is a classic "gag clause" that courts frequently strike down as a violation of public policy.
"Perpetual confidentiality": While some secrets last forever, a blanket ban on all information without an expiration date is often viewed with skepticism by judges.

How to Safely Share Your Work

You can maintain a strong professional brand without risking a breach of contract. Follow this process:

Sanitize the Data: Remove specific project names, internal code names, or proprietary metrics.
Focus on Outcomes: Instead of saying "I built X using Y proprietary tool," say "I led a team to improve system latency by 15% using industry-standard cloud architecture."
Review the Contract: Re-read your NDA specifically for the definition of "Confidential Information."
Seek Clarification: If you are unsure, ask your HR department or manager for a "pre-clearance" on a specific post.

Key takeaway: When in doubt, focus on the "how" and the "result" rather than the "what" or the "who."

Protecting Your Professional Future

Your LinkedIn profile is your digital resume. While you must respect the legal obligations you signed, you should not allow an overly aggressive NDA to stifle your career growth. If you are concerned about specific clauses in your employment agreement, TermScore can automatically analyze your contract to identify restrictive covenants and potential red flags, providing you with the clarity needed to navigate your professional presence with confidence.