When Maya* started a new teaching job, she did not expect to be called the n-word as she walked down the corridor.
The bullying from her fellow teachers proved relentless. She was called a “curry lover” and believes she was hidden from meeting parents at one point due to her skin colour.
It was not just racism she faced there but also sexism. Male colleagues told her she would have to “bend over a desk to get a promotion” and had “blowjob lips”. Incidents like these happened “almost every day”, she says.
Eventually forced to leave her job, Maya signed a Non Disclosure Agreement (NDA) making her unable to speak about the abuse she suffered. As part of the conditions of her exit, she also received a significant payout, which she describes as “money to keep quiet”.
In lots of countries the payout is contingent on the NDA.
Violate the NDA, they take the money back.
So they can’t legally stop someone from talking, but there’s an incentive to following the NDA.
Best to talk to a lawyer for specifics, but like non-compete agreements, NDAs often include things that can’t legally be enforced. The people wanting you to sign the NDA just hope you don’t know better and you’ll shut up.
If you know better, you can take their money and then disclose the facts anyway.
In the US the clawback itself is no longer legal if it is part of a severance agreement. They can’t take the money back if you talk about them
FYI