Yes, you can report illegal activity at work if you signed an NDA. Most non-disclosure agreements (NDAs) cannot stop you from talking to law enforcement, reporting unsafe conduct, or sharing facts about harassment or discrimination. These rights come from state and federal laws.
A Boston employee contract dispute lawyer from our firm will review your NDA and explain which parts of it are enforceable and what you can safely report without breaking your agreement.
Many workers are afraid to speak up because their NDA sounds strict or confusing. We will explain what your rights are, how whistleblower laws protect you, and what steps you can take before talking to Human Resources (HR), a government agency, or the police.
Getting Help With an NDA Can Help You Avoid Conflicts Later
Many people do not know what their NDA actually covers. We will help you understand the terms and how they apply to your situation. Here are the main ways our labor and employment lawyer supports someone who is dealing with illegal activity at work:
What an NDA Is
A non-disclosure agreement (NDA) is a contract that says you will keep certain information private.
Employers use NDAs to protect:
- Business secrets: These include customer lists, business plans, formulas, or pricing information that the employer wants to protect.
- Internal information: This covers training materials, new product plans, or other details that are meant to stay within the company.
- Workplace concerns: These are usually sensitive issues inside the workplace that the employer wants to keep private.
NDAs are common in hospitals, tech companies, labs, research fields, finance, and schools. Many workplaces use them to prevent employees from sharing information that could harm the business.
Why an NDA Does Not Block Reporting Illegal Conduct
Even if you signed an NDA, you still have the right to report:
- Harassment
- Discrimination
- Retaliation
- Unsafe working conditions
- Wage theft
- Fraud
- Criminal activity
Massachusetts and federal laws protect these rights. For example:
- Massachusetts General Laws Ch. 151B protects workers who report discrimination, harassment, or retaliation.
- The federal Whistleblower Protection Act and OSHA whistleblower laws protect workers who report safety issues or crimes.
- The Speak Out Act (2022) limits how NDAs can silence people from talking about sexual harassment and assault.
These laws say that employers cannot punish you for reporting illegal conduct. NDAs cannot erase these protections.
How Our Attorney Will Help You Understand Your NDA
Our labor and employment lawyer will:
- Read your NDA and explain what it actually covers
- Tell you which parts are enforceable under Massachusetts law
- Help you report illegal activity safely
- Tell you what to say—and what not to say—when making a report
- Protect you if the employer tries to retaliate
- Help you file complaints with the right state or federal office
Our lawyers handle matters regarding retaliation, workplace rights, protected speech, and employer misconduct. We will give you clear steps to protect yourself before making any report.
For a free legal consultation, call (860) 999-9394
Types of Illegal Activity That You Can Report Even With an NDA
Some workers worry that any report will “break” their NDA. But NDAs cannot block you from reporting actions that violate federal or state law.
Examples include:
Harassment and Discrimination
You can report inappropriate touching, bullying, sexual comments, or being treated differently because of your race, sex, disability, religion, or age. Massachusetts’ anti-discrimination law protects this.
Our Boston employment discrimination lawyer will explain your rights, review what happened, and guide you through the steps to file a complaint.
Connecticut and Rhode Island have similar protections through their human rights acts.
Retaliation
If your employer punishes you for speaking up—firing you, cutting your hours, moving your shift—that is illegal. NDAs do not give companies the right to silence you about retaliation.
Our Boston workplace retaliation lawyer can explain your rights, help you gather proof, and guide you through the steps to protect yourself.
Unsafe Work Conditions
You can report unsafe equipment, chemicals, workplace violence, or anything that puts people in harm’s way. OSHA protects these reports. Our OSHA workplace health and safety claims lawyer in Boston can look at your concerns, gather key details, and help you report unsafe conditions safely.
Wage and Hour Violations
This includes unpaid overtime, stolen tips, false time records, or being forced to work off the clock. Our Boston wage theft and overtime pay dispute lawyer will look at your case, guide you through the process, and work to get the wages you legally deserve.
Fraud or Criminal Conduct
This includes billing fraud, Medicare/Medicaid fraud, falsifying documents, stealing, or covering up injuries.
Sexual Harassment and Assault
Under the federal Speak Out Act, NDAs signed before an incident cannot stop you from speaking about sexual misconduct.
How to Report Illegal Activity in the Workplace Safely
Reporting a problem can feel stressful, especially when you have signed an NDA. The following steps can help:
Read Your NDA
Look for:
- Definitions of confidential information
- Exceptions for “reporting illegal activity” or “cooperating with an investigation”
- Penalties—if any—your employer claims you may face
Many NDAs already include language that allows you to report illegal conduct.
Talk to Our Labor and Employment Lawyer
We will tell you:
- What you are allowed to share
- What should stay private
- How to report without violating the agreement
- Whether your employer’s NDA is even enforceable
Document What You See
Keep notes of dates, names, emails, photos, or any proof of what happened. Do not violate privacy laws, but keep basic facts in a safe place.
Report to the Right Agency
Depending on the issue, you may contact:
- Occupational Safety and Health Administration (OSHA)
- Equal Employment Opportunity Commission (EEOC)
- Massachusetts Commission Against Discrimination (MCAD)
- The police department in your area
- State labor departments
These reports are protected by law.
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Common Questions About NDAs and Reporting Illegal Activity
Many workers have the same worries when they try to understand how an NDA affects their right to speak up. The rules can feel confusing, especially when you want to report something unsafe, unfair, or illegal.
These common questions can help you understand what an NDA can and cannot do, your rights under state and federal law, and when it may be helpful to talk to a lawyer about your situation.
Can My Employer Sue Me for Reporting a Crime?
No. NDAs cannot stop you from reporting something illegal. Employers cannot sue you for making a truthful, protected report.
Can I Be Fired for Reporting?
Retaliation is illegal under state and federal law. If your employer fires you, cuts hours, or punishes you for reporting, you may have a claim.
Does Talking to an Attorney About My Concerns Violate My NDA?
No. Communication with your lawyer is private and protected by attorney-client privilege.
What if My NDA Sounds Really Strict?
Even strict NDAs cannot override whistleblower laws, civil rights laws, or criminal laws.
What if I Am Not Sure Something Is Illegal?
An attorney from our firm will review your concerns and let you know whether the behavior violates the law or workplace rules.
Complete a Free Case Evaluation form now
Unsure About Reporting Illegal Activity After Signing an NDA? Speak With Us
If you are worried about speaking up about illegal activity or wrongdoing in the workplace, we will advise you on your next move. NDAs can be confusing, and many workers feel unsure about their rights.
Duddy, Goodwin & Pollard can help you understand what your NDA covers, what it does not cover, and how state and federal laws protect you when you report something illegal. Our firm focuses on real social justice issues in the workplace and holds companies accountable.
Our Boston labor and employment lawyers work on contingency, meaning you do not pay unless our team recovers damages for you. If you are dealing with illegal activity at work and want clear guidance on your next steps, reach out today to speak with an attorney who will help you move forward.
Call or text (860) 999-9394 or complete a Free Case Evaluation form