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I was told I was being laid off and was going to be given a package. I filed for unemployment. They agreed that I was laid off and my position was terminated. I then found out they were telling people that I was fired. I reached out and indicated that that was a violation of the NDA. I have one letter that says I was terminated another form the NDA that says that I gave my resignation.
Asked on December 4, 2017 under Employment Labor Law, Colorado
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
A NDA is a contract: if you believe that their disclosures or statements about how your employment ended violate the NDA, you would sue them for "breach of contract"--for violating the terms of the agreement. You could sue for an order requiring them to honor the agreement on pain of sanctions and/or for monetary compensation, if you can show some loss (e.g. of unemployment; of a new job opportunity) you suffered due to this.