Can I void my non disclosure agreement?
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Can I void my non disclosure agreement?
My employer had me sign a non disclosure agreement prior to initiating my work
within the company. Since being within the company, I’ve been given access to my
employers emails to help sort them. He is currently going through court for a
number of reasons including threatening persons. I have a few excel
spreadsheets containing numerous text messages between him and others which
include the threatening texts, texts with a banker bribing him and so on. Not to
mention he pays me irregularly, doesn’t pay my super and i dont think he is
paying my tax either.
Due to the non disclosure I cant legally let this information out from my
understanding which brings me to ask, because these items would be beneficial for
the courts to convict my employer would they declare the contract voided?
Asked on July 16, 2017 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, You cannot void your nondisclosure agreement: if you do so, you are in breach of the agreement and can be sued. (While is possible that you could defend yourself under a whistleblower statute, that is not a given; and even if you could, you'd still have to deal with being sued. If he is being prosecuted by the state, or sued (e.g. in civil court) by anyone, let the other side request the documentation formally though the legal system.
You can, however, sue him for any payment or money he should have made to you but is not--including any tax payments which should be made on your behalf but which he is not making.
Your super can sue him if the employer is failing to pay the super; you cannot sue on the super's behalf.
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