Considerations when One Is Offered a Settlement with An NDA
On behalf of The Law Offices of Jeffrey E. Goldman posted in employment discrimination on Monday, February 24, 2020.
Many women in New York have little choice but to sign a non-disclosure agreement when they settle discrimination or harassment lawsuits. Whether people decide to sign an NDA is based on their own particular facts, but they should be aware of certain facts and considerations before they decide to sign.
One thing that women need to be conscious of is the need to protect their own rights. With that in mind, HR is not necessarily their friend since it is there to protect the interests of the company. Women should consult with a lawyer before they have any conversations with HR about a possible settlement and NDA.
While NDAs keep the truth from getting out into the public realm, sometimes they are the only way for a victim of harassment or discrimination to settle a case. Victims may decide that the settlement is the most important thing, and there is nothing wrong with that if they feel that is the price to pay. Until the overall system changes, NDAs are likely to be a mandated part of nearly every discrimination settlement. When faced with the option to either sign an NDA or to walk away with nothing, many women will ultimately have no choice but to agree. Thankfully, there is more help and resources for women than ever before.
When considering a discrimination claim, an employment lawyer might be a source of help and advice for those who feel that they may have grounds for a lawsuit. It may be wise to consult a lawyer early in the process because HR can work against victims as they seek to minimize the company’s liability for employment discrimination. An attorney may be able to help examine the details of a proposed settlement and can negotiate it with the company. If a settlement cannot be negotiated, the attorney might help file a formal claim.