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hello YouTube I'm Vince White I am an employment attorney and we are answering publicly posted questions for YouTube users getting folks the answers they need from an employment attorney um we have a question here from YouTube user Michael McLeod who I assume is a member of the clan McLeod that was the worst Scottish action ever and I am sorry for making fun of your name I'm not making fun of your username I just did making a Highlander reference because I like 1990s television and 1980s movies um there can be only one okay so Michael McLeod asked us can you break an NDA uh my previous employer said they would sue me for defamation what are the steps to Breaking NDA got it so the first step to break an NDA is to contact a local attorney a local local employment attorney wherever you are a local Council and have them look at the terms of the contract that in puts the NDA in place um that's the first thing nobody can really answer your question about NDA without first doing that now I guess I have questions we don't know a lot about the situation we don't know why you want to break the NDA we don't know what's going on we don't know where you are in certain jurisdictions ndas are going to have statutes that govern them and those statutes may give you paths forward to get out of the NDA so again that's a really good reason for you to speak with local Council because one they can look at the agreement and be armed with knowledge of the terms of that agreement they can use to potentially Aid you two they'll know the local laws where you are and uh in addition to knowing them they'll also be able to tell you about them which I'm not allowed to do because I can't speak to the state laws of most States because the bar associations so that's important to keep in mind now if you are the victim of workplace discrimination or workplace sexual harassment or workplace retaliation we've developed a bit of a toolkit kind of a A playbook in terms of how to deal with ndas and part of that is from running these cases a lot and having to face a lot of ndas but also we've run a program for victims of workplace discrimination and we're in victims of workplace sexual harassment where we do free NDA review in conjunction with local Council and will help them to understand the risks and the Strategic options presented in terms of their NDA and how they might get around or get out of their NDA or operate within the bounds of the NDA will still uh being able to share their story I am a huge believer that um stories are human are are the means by which humans care about things right humans don't care about generalities if you're like there's billions of people starving to death in the world today the average human being is like that's sad but also I don't care and iPhones right like that's kind of how human beings work but if you're like um Timothy Timothy here Tiny Tim is starving to death and has a crutch and it's sad and won't make it to the next next Christmas number of human beings we're going to care about Tiny Tim are exponentially higher the number of human beings who are going to care about billions of children starve into that that's weird humans are weird we're weird but that is how we work as far as I can tell and so I think that telling stories and sharing stories of victims is incredibly important and is the path forward and so we run a program uh we we ran it for years with lioness and we still do um where we do free NDA review for victims of workplace discrimination workplace sexual harassment um because those stories are important for two reasons one they help victims sharing those stories can help victims can help to control the public narrative it can help to sway the court of public opinion it can help to apply pressure to employers who have done horrible things and who want to silence their employees in addition to that there's just a benefit to society right to putting names and faces and stories to these kind of events will help people to learn and become better and behave better and to hopefully vote for laws and support laws that help our society move forward in terms of workplace equality and just maybe if we share enough of these stories maybe people just stop attacking victims all the time right like we have a video on the channel right now where um there's a lot of victim blaming going on right we answered a question for somebody and and a bunch of people kind of I think from outside the channel came in and were like no it's her fault she she was asking for it right and I'm I'm I understand I'm oversimplifying what they're saying and characterizing for my own purposes yes all true guilty I am guilty of that but there is this natural human reaction to attack victims and be like ah she she asked for it or uh they're playing the race car whatever it is right and I think that reaction is unhealthy not productive bad for Society and also just ignorant I don't think it makes sense I don't think people uh I I think if you understand how hard these cases are to to live through as a plaintiff you would not think that people are makeup cases for like a quick Buck I just I don't think you would I don't think you would so Michael McLeod I think that um you need to speak to local Council I gave you a bunch a very general answer to your very pointed question the best answer is you need to have somebody look at your NDA tell you the your strategic options uh in terms of how you might break it what the risks are if you do break it right because ndas I mean breaking NDA uh I'm being facetious here I'm joking a little bit but it's legal I guess it's the best way breaking NDA is legal for a price right like there's damages do you have a you have a contract and I would assume that contract May either spell the damages have a liquidated damages provision which tells you promise of Damages would be or um just have breach of contract provisions and damage will be calculated as per the breach of contract case law or laws wherever you are so you can get a feel for like what would the damages be potentially what would the risk to you be if you breach in your NDA and that's that's one kind of Brute Force way to go forward with some of these situations um so Michael McLeod you may feel that I gave you a non-answer but I gave you I believe the only path forward for you which is have local Council review that agreement and have an in-depth conversation about your options your strategy your tactics and your risks good luck to you