No, they are not enforceable. They're not worth the paper they're printed on.
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Why is that, A.J.? Not questioning your analysis, but I’ve heard of federal employees having to sign NDAs before, and not just when Trump was in office, so I’m curious.
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Neither is FBI or Doj. And they have triple NDAs general and specific
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...But that would seem to be about laws protecting classified information.
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It covers all information. We have FBI agents that can’t testify to Congress for fear of retaliation from Department. Multiple NDA on same topic.
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Yes, a contract is a contract.
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Who is the contract with?
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Whatever entity is on the other side of the agreement. Two sides agree on terms, they are enforceable civilly at least.
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That depends, all sorts of contracts are unenforceable as a matter of public policy.
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True enough, but that’s getting down into court-type details; as a matter of principle a contract willingly entered into by two parties which does not specify law-breaking is legal and its provisions enforceable.
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Not sure why that truism matters here. We’re talking about government employees. The president cannot by contract wipe out the fact that these people work for the government itself and not the individual occupying the presidency.
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I didn’t mention the President. If you signed a contract, you’re liable to it’s terms. Period.
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That’s what the thread is about, but thanks I guess for the irrelevant points out of nowhere.
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I don’t believe government employees PAID BY THE TAXPAYER can be bound by ANY private NDA. This should be challenged in court.
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no they are not. in fact, practically every NDA is unenforceable. they're merely thug tactics daring you to protect yourself.
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If by "every" you are suggesting NDAs in the private sector are not enforceable, that would be a mistake. But, yes, those seeking to silence a governmental employee are baloney.
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in the private sector, an NDA is just a dare used to exploit. call em on it once, see if they ever take you to court for breaking it.
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I've litigated them. Ones that are half reasonable on their face are going to be enforced 9 times out of 10. If the terms are not grossly overbroad, and there's consideration, they are every bit as binding as any other contract out there.
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are they enforceable if you’re breaking them to report fraud abuse or breaches of contract?
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If you are asking whether there are exceptions even to private NDAs, yes there are. If you are asking whether they come up anymore than once in a blue moon, no they don't. Again, unless they are grossly overbroad, private NDAs are found enforceable far--far--more often than not.
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"blue moon"? hardly. an NDA threat is used (esp by Trump) almost always to hide fraud, abuse, breach of contract, other malfeasance, and should thus be ignored in those cases, because that is unenforceable.
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I, you and we were talking about private NDAs. If you need to do something under the fantacy that someone is watching and you need to save face, say whatever you need to. Otherwise, just give it a rest already.
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