What constitutes a breach of an NDA when describing work experience?

A breach occurs when you disclose 'Confidential Information' as defined in your agreement. This typically includes non-public financial data, internal software architecture, client lists, or unreleased product roadmaps, rather than general job responsibilities.

How can I safely list my job duties without violating an NDA?

Focus on transferable skills and outcomes rather than proprietary processes. Use high-level descriptions, avoid naming specific internal projects, and ensure all information shared is already publicly available through company press releases or marketing materials.

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.

Does an employment NDA restrict me from listing my job duties on my personal website?

Generally, no. Standard NDAs protect trade secrets and proprietary information, not your general professional experience. However, if your duties involve specific confidential projects, proprietary code, or non-public business strategies, disclosing them could trigger a breach of contract. You must distinguish between your professional skills and the employer's protected intellectual property.

Key takeaway: An NDA is not a gag order on your career history. It is a shield for the employer's competitive advantage. If your job description reveals how the company makes money or secures its market position, you are likely in the danger zone.

Understanding the Scope of Your NDA

Most employment agreements contain a section defining 'Confidential Information.' This is the most critical part of your contract. If you are unsure whether your duties are protected, look for these specific categories in your document:

Proprietary Technology: Source code, algorithms, or internal software architectures.
Business Strategy: Unreleased product roadmaps, M&A activity, or internal financial projections.
Client Data: Non-public lists of customers, pricing structures, or specific contract terms.
Trade Secrets: Unique manufacturing processes or proprietary formulas.

Action Item: Locate your NDA and highlight the definition of 'Confidential Information.' If your job duties involve any of the items listed above, you must sanitize your website content to remove those specific references.

The Difference Between Skills and Secrets

There is a legal distinction between your 'general knowledge, skill, and experience' and the employer's 'confidential information.' Courts generally refuse to enforce NDAs that prevent an employee from using their own professional expertise to secure future employment. However, you must frame your experience carefully.

Safe to List	High Risk to List
General software languages (e.g., Python, Java)	Proprietary internal frameworks or custom APIs
Project management methodologies (e.g., Agile, Scrum)	Specific internal project codenames or launch dates
Sales volume growth percentages	Specific client names or non-public revenue data
Leadership and team size	Internal organizational charts or sensitive HR data

Action Item: Audit your website copy. If you find yourself using specific project names or internal metrics that are not public, replace them with industry-standard terminology and generalized outcomes.

Best Practices for Updating Your Portfolio

When updating your personal website or LinkedIn profile, follow these steps to minimize legal exposure:

Review Public Sources: If the company has issued a press release about a project, you can generally discuss your role in that project, as the information is already in the public domain.
Focus on Outcomes: Instead of saying 'I built the proprietary X-12 algorithm,' say 'I developed high-performance data processing tools that improved system latency by 15%.'
Avoid Specifics: Never include internal documents, screenshots of proprietary software, or specific financial figures that haven't been disclosed in an annual report.
Seek Clarification: If you are unsure, ask your former manager or HR department for a 'letter of reference' that explicitly states what you are permitted to discuss publicly.

Key takeaway: When in doubt, leave it out. A potential employer will value your ability to respect confidentiality as much as they value your technical skills.

Jurisdictional Nuances and Enforceability

The enforceability of an NDA depends heavily on your state. For example, California (Business and Professions Code Section 16600) has very strict rules regarding non-competes and confidentiality, often favoring the employee's right to practice their profession. Conversely, states like Delaware or New York may have more employer-friendly interpretations of what constitutes a trade secret.

Regardless of jurisdiction, an NDA cannot legally prevent you from discussing your own employment history in a way that is truthful and does not disclose actual trade secrets. If an employer threatens legal action for simply listing your job title and general responsibilities, they are likely overreaching.

Action Item: If you are concerned about a specific clause, check if your state has passed recent legislation limiting the scope of NDAs, particularly regarding workplace harassment or discrimination, which are increasingly unenforceable.

How TermScore Can Help

Navigating the fine print of an employment contract is complex. TermScore uses advanced AI to instantly analyze your NDA, highlighting clauses that may restrict your ability to showcase your work. By identifying high-risk language before you publish, TermScore helps you protect your career growth while remaining compliant with your legal obligations.