Can your employer force you to sign a non-disclosure?
John Hall
Updated on April 06, 2026
Generally speaking, an employer in the US may require you to sign a non-disclosure agreement for such purposes. In other words, if you want the job, or want to keep the job, the employer can insist you sign the agreement.
Why should employees sign a confidentiality agreement?
To prevent employees from revealing sensitive information that could jeopardize your business, you might have them sign an employee confidentiality agreement. Businesses use employee confidentiality agreements to protect their innovative ideas, effective processes, unique products, or customer information.
What is a breach of confidentiality at work?
What is a breach of confidentiality? In short, a confidentiality breach is the disclosure of information to someone without the consent of the person who owns it. In other words, failing to respect a person’s privacy or the confidence in which they gave the information or data to you, by passing it onto someone else.
What happens if an employee refuses to sign a confidentiality agreement?
Employers must be prepared to terminate any employee who refuses to sign the agreement. If an employer allows even one employee to refuse and remain employed, the agreements signed by the other employees will not be legally binding.
Is it legal for an employer to ask an employee to sign?
But suppose you have started work and the employer now requires you to sign an additional contract, like a confidentiality agreement or non-disclosure agreement (NDA). You don’t want to lose your job, so you will likely sign.
Can a new employee sign a non-disclosure agreement?
From a legal perspective, the promise of the job itself is sufficient consideration to support a confidentiality agreement or the non-disclosure agreement. Getting a new employee to sign either a confidentiality agreement, non-disclosure agreement, or both isn’t much trouble for the HR professional.
Where can I go to sign a confidentiality agreement?
If you need help with whether you should sign a confidentiality agreement, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site.