Can an employer legally stop me from filing an EEOC or NLRB complaint via an NDA?

No. Federal law, including the National Labor Relations Act and Title VII of the Civil Rights Act, renders any contract provision that attempts to waive your right to file a charge with the EEOC or NLRB unenforceable and illegal.

What happens if I sign an NDA that includes illegal restrictions?

While the specific illegal clause is unenforceable, signing the document may still create legal headaches. You should seek counsel to determine if the entire agreement is voidable or if the illegal provision can be severed.

How can I tell if my NDA is overreaching?

Look for broad language that prohibits 'disclosing any information regarding employment' or 'communicating with government agencies.' These are common red flags for overbroad, illegal NDAs.

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 filing a complaint with the NLRB or EEOC?

No. An employment NDA cannot legally restrict your right to file a complaint with the National Labor Relations Board (NLRB) or the Equal Employment Opportunity Commission (EEOC). Federal law supersedes private contracts, and any provision attempting to waive these rights is unenforceable and void as a matter of public policy.

The Legal Foundation of Your Rights

Your right to report workplace misconduct, discrimination, or labor violations is protected by federal statutes that private employers cannot contract away. These rights are considered non-waivable because they are essential to the enforcement of public labor and civil rights laws.

The National Labor Relations Act (NLRA)

Section 7 of the NLRA grants employees the right to engage in "concerted activities" for mutual aid or protection. The NLRB has consistently ruled that NDAs cannot be used to chill these rights. If an NDA prevents you from discussing wages, hours, or working conditions with the NLRB, it is a violation of federal law.

Title VII and the EEOC

The EEOC enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, age, or disability. The Supreme Court and the EEOC have established that an employer cannot use a contract to prevent an employee from filing a charge of discrimination or participating in an EEOC investigation. Any attempt to do so is considered retaliation.

Key takeaway: If your employer threatens to sue you for "breach of contract" because you filed a government complaint, they are likely committing an additional violation of federal law known as retaliation.

Red Flags in Overbroad NDAs

Employers often draft NDAs with "catch-all" language that sounds intimidating but lacks legal teeth. You should review your contract for the following problematic clauses:

Total Gag Orders: Language that prohibits you from "discussing any aspect of your employment" with any third party, including government agencies.
Non-Disparagement Overreach: Clauses that forbid you from making any statement that could be perceived as "negative" about the company, which could be used to silence whistleblowers.
Forced Arbitration for Statutory Claims: While some arbitration clauses are legal, they cannot be used to block your access to the EEOC or NLRB.
Liquidated Damages: Threats of massive financial penalties for "any breach" of confidentiality, intended to scare employees into silence.

Provision Type	Legal Status	Impact on Government Reporting
General Confidentiality	Legal	Cannot cover illegal acts or labor violations.
Non-Disparagement	Conditional	Cannot prevent reporting to government agencies.
Total Gag Clause	Illegal	Void and unenforceable.
Arbitration Clause	Variable	Cannot block EEOC/NLRB filing rights.

What to Do If You Are Pressured to Sign

If you are presented with an NDA that seems to restrict your rights, follow these steps to protect your interests:

Request Clarification: Ask HR or legal counsel to add a "carve-out" clause explicitly stating that the agreement does not limit your right to communicate with the EEOC, NLRB, or other government agencies.
Document Everything: Keep a copy of the contract and any communications where the employer insists on the restrictive language.
Consult Counsel: Before signing, have an employment attorney review the document to ensure it complies with state and federal standards.
Use AI Analysis: Utilize tools like TermScore to instantly identify overbroad language that deviates from standard, legally compliant contract templates.

Action Item: If you have already signed an NDA, do not assume you are silenced. If you have evidence of a violation, consult with a legal professional before filing your complaint to ensure you are protected from retaliatory tactics.

The Role of AI in Contract Transparency

Navigating the fine print of employment agreements is difficult, but you do not have to do it alone. TermScore uses advanced AI to analyze your contracts, flagging overbroad confidentiality clauses and potential violations of your statutory rights. By identifying these issues before you sign, TermScore empowers you to negotiate with confidence and ensures your legal protections remain intact.