Can an employer legally prevent me from listing job duties on my resume via an NDA?

No. An employer cannot use an NDA to prevent you from describing your general job duties or professional experience. Such restrictions are typically unenforceable as they violate public policy and your right to earn a living.

What is the difference between trade secrets and general job duties?

Trade secrets are proprietary information like source code, client lists, or secret formulas. General job duties are the standard functions of your role, such as 'managed a team of 10' or 'oversaw quarterly budget reporting'.

What should I do if my employer threatens legal action over my resume?

Review your contract for specific definitions of confidential information. If the employer's demands are overbroad, consult an employment attorney and document all communications regarding the threat.

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 employer use an NDA to stop me from listing job duties on my resume?

No. An employer cannot use a Non-Disclosure Agreement (NDA) to prevent you from listing your general job duties or professional experience on a resume. Courts consistently rule that such restrictions are overbroad, unenforceable, and violate your fundamental right to pursue your chosen profession.

Understanding the Scope of Your NDA

Most NDAs are designed to protect legitimate business interests, such as trade secrets, proprietary algorithms, or non-public financial data. They are not intended to act as a "gag order" on your career history. When an employer attempts to restrict your ability to describe your work, they are likely overstepping their legal bounds.

What is Protected vs. What is Public

To determine if you are at risk, you must distinguish between protected information and your professional experience.

Protected Information: Specific client lists, unreleased product designs, internal pricing strategies, and proprietary source code.
General Job Duties: Your job title, the size of the team you managed, the software tools you utilized, and the general scope of your responsibilities.

Key takeaway: If your resume describes your role in a way that does not reveal specific, sensitive company secrets, you are almost certainly on safe legal ground.

Action Item: Review your NDA for a "Confidential Information" definition. If it does not explicitly exclude "general knowledge and skills acquired during employment," the clause may be legally defective.

The Legal Reality: Restraint of Trade

In many jurisdictions, including California (under Business and Professions Code Section 16600), any contract that restrains an individual from engaging in a lawful profession is void. Even in states with more flexible contract laws, courts apply a "reasonableness" test to NDAs.

Factor	Reasonable Restriction	Unreasonable Restriction
Scope	Protects specific trade secrets	Prevents listing job duties
Duration	Limited (e.g., 1-2 years)	Perpetual silence
Geography	Limited to market area	Global restriction

Why Employers Use Overbroad NDAs

Employers often include "catch-all" language in NDAs to intimidate employees. This is a common tactic to prevent talent from moving to competitors. However, a court will rarely uphold a contract that prevents a person from stating they were a "Senior Project Manager" or that they "increased sales by 15%."

Action Item: If you are concerned about a specific bullet point, rephrase it to focus on the methodology rather than the result. Instead of "Increased revenue for Client X by 20%," use "Managed high-value accounts and implemented growth strategies resulting in double-digit revenue increases."

Steps to Take If You Are Threatened

If an employer sends a cease-and-desist letter regarding your resume, do not panic. Follow this structured process:

Document Everything: Save all correspondence and the original signed contract.
Analyze the Contract: Identify the specific clause they claim you are violating.
Consult Counsel: Speak with an employment lawyer to determine if the clause is enforceable in your jurisdiction.
Respond Formally: Have your attorney draft a response clarifying that your resume contains only general professional experience and no trade secrets.

Key takeaway: Most employers will drop the issue once they realize you are aware of your rights and have legal representation, as they do not want to risk a court declaring their entire NDA void.

Action Item: Keep a copy of your job description from when you were hired. This serves as objective evidence of what your "duties" were, making it difficult for an employer to claim those duties are "confidential."

How TermScore Protects Your Career

Navigating the fine print of employment contracts is difficult, but you don't have to do it alone. TermScore uses advanced AI to analyze your employment agreements, highlighting overbroad clauses and potential risks to your professional mobility before you sign. By identifying restrictive covenants that go beyond standard industry protections, TermScore empowers you to negotiate better terms and protect your future career opportunities.