What can I do if my former employer is threatening a law suit for violating my NDA because I sent a

UPDATED: Sep 15, 2016

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What can I do if my former employer is threatening a law suit for violating my NDA because I sent a

I sent a

Asked on September 15, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A contractual violation (i.e. violating a NDA) does not depend on your intention or state of mind--if you did disclose confidential information to someone you could not have for any reason, you are liable. 
But they can only recover compensation (money) equivalent to the provable harm this caused, which may be $0 or essentially $0 if nothing came of the disclosure, *unless* the NDA states a specific penalty or fee they can get; if it does, they can get that amount.

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