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NrdNabSen t1_jedbr1g wrote

You can't use an NDA as a way to bar someone from discussing a crime. Also, even without a crime, the NDA only imposes civil penalties for a breach, it can't literally prevent you from speaking, they can just come after you for the agreed upon penalty.

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adamtherealone t1_jedakow wrote

Even an NDA doesn’t stop you from talking about stuff. The only thing that can stop someone from speaking is removing their ability to speak. Even then, I believe some NDAs can be broken If the company breaks their agreement to you, I think

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ParanoidRecordPlayer OP t1_jedaqor wrote

So what's the point of having an NDA?

Edit: i wrote this before you edited the comment

Also please don't downvote me for being stupid, this is ELI5 🧁

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twelveparsnips t1_jedb1av wrote

The same point of having any contract. You can't write into a contract terms that are illegal and have it be enforceable. A car dealership can't put into a contract they will break your kneecaps if you miss payments, but they can put into a contract if you miss x amount of payments they can repossess the car. The point of having an NDA is so that you don't spill company secrets after you leave a company. e.g. if you work for Coke and know the formula, you can't sell it to Pepsi after you quit.

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ParanoidRecordPlayer OP t1_jedctrt wrote

So, because the hush money was paid for illegally, the NDA is void?

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twelveparsnips t1_jedvy73 wrote

How are you going to enforce the contract? Go to court and tell the court, "your honor, I illegally paid the defendant to not say anything about the crimes I committed, but she said things about the crimes I committed"? The court is there to uphold the law not to allow people to cover up infractions of the law.

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Flair_Helper t1_jedbsx3 wrote

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