Can You Still Job Hunt With a Confidentiality Clause Hanging Over You?

When Silence Hurts Your Career

After leaving a job, you're ready to move on. But a confidentiality clause can keep you second-guessing every interview, LinkedIn update, or networking event. Are you allowed to mention your former projects? Can you describe your old job? What if someone asks why you left?

At Horn Wright, LLP, our business transaction lawyers help professionals across New York answer these exact questions. We review NDAs, severance language, and post-employment restrictions so you can move forward without fear of breaking the rules, or signing away your voice.

How NDAs Can Hold You Back After You Leave

Non-disclosure agreements (NDAs) are meant to protect trade secrets or confidential business information. But many companies go further, using NDAs to silence former employees from discussing anything, even their own job experience. When that happens, your ability to tell your career story suffers.

NDAs can interfere with:

• Your ability to describe achievements or challenges in your role. Even common work details might be labeled “confidential” in a sweeping NDA.
• Honest conversations about why you left. Some agreements restrict discussions about workplace disputes or restructuring.
• Public professional content. Job seekers often don’t know if it’s safe to include certain experiences on résumés or profiles.

We help clients untangle what’s enforceable, what’s exaggerated, and how to frame your story legally and effectively.

What You Can Say in Interviews and on LinkedIn

There’s a difference between sharing proprietary data and describing your role. Most of the time, you're allowed to list your title, explain your responsibilities, and highlight achievements, as long as you avoid internal details and confidential metrics.

Employers generally can’t prevent you from disclosing:

• Your job title and department
• General duties and skills
• Public-facing accomplishments

Still unsure? We help you frame your work history clearly and within legal boundaries.

Employers Who Push Silence Too Far

Some employers draft overbroad NDAs that suppress far more than business secrets. In New York, that kind of language doesn’t always hold up. Under Section 5-336 of the General Obligations Law, NDAs tied to discrimination claims must allow employees to speak freely if they choose.

If your employer pressured you to stay silent about illegal conduct or harassment, your NDA may not be enforceable. Our legal team can review your agreement and identify where it overreaches.

Talking to Recruiters Without Breaking the Rules

When you're trying to land your next role, you need to speak confidently about where you've been. But a restrictive NDA can make even simple questions feel risky. The good news: there are ways to answer honestly and stay protected.

How to Safely Describe Your Past Job

It’s entirely possible to speak about your work without crossing the line. We guide clients in crafting legally safe phrasing that still tells a compelling story.

Examples include:

• “I led marketing initiatives that increased engagement across key demographics, while adhering to all confidentiality obligations.”
• “My role focused on internal operations improvements, including cross-functional collaboration on projects affecting customer retention.”

These statements share real value, without exposing sensitive information.

Explaining Terminations and Severance During Interviews

If your exit involved a severance deal or a dispute, you don’t have to share every detail. In fact, if your severance includes a confidentiality clause, oversharing could hurt you. Focus on language that’s truthful, respectful, and brief.

Interviewers don’t need to know everything. We often help clients build one or two sentence responses they can use consistently without legal risk.

What to Avoid Saying During Reference Checks

You may not always know what your old employer will say when contacted, but you can take steps to stay in control. First, understand the reference policy. Some companies provide only dates of employment and title. Others go further, but you should know what to expect.

Our business transaction lawyers help clients request written confirmation of reference practices or negotiate terms as part of the severance process. That way, you won’t be surprised when a recruiter calls your former manager.

Fixing a Clause That’s Too Restrictive

Sometimes you don’t realize how limiting your NDA or severance agreement is until you try to move on. If your career is being blocked by the language you signed, intentionally or not, there may still be options to fix it.

Asking for Carveouts in Your Agreement

Not every NDA is written in stone. In many cases, employers are willing to modify agreements, especially when former employees request clear, professional revisions. These updates can clarify what you can discuss during job interviews or in public profiles.

We’ve successfully negotiated carveouts that:

• Allow professionals to discuss general responsibilities and publicly known accomplishments. This protects your ability to speak about your role without giving up confidential details.
• Preserve your right to explain your departure in truthful, limited terms. This helps avoid confusion with recruiters and ensures consistency in interviews.
• Ensure the NDA does not block whistleblower protections or EEOC claims. You should never lose your right to report misconduct because of post-employment language.

Getting these adjustments in writing makes your next steps clearer—and safer.

Sample Language That Allows for Job Searches

Not sure what to ask for? We help clients use simple, enforceable phrases in their NDAs or severance documents that preserve their career momentum. That might look like:

• “Nothing in this agreement prevents the employee from describing their professional experience, general responsibilities, or work-related accomplishments.”
• “This clause shall not restrict the employee from participating in job interviews or listing previous roles on résumés, job boards, or professional platforms.”

Even a few lines can protect your future if crafted the right way.

Who to Talk to Before Saying the Wrong Thing

If you're unsure what your confidentiality clause really says, or how it could affect your job search, you need answers before you speak. Guessing or Googling isn't enough when your next opportunity is on the line.

Our business transaction lawyers review NDAs and severance terms so you know exactly where you stand. We help you understand what’s enforceable, what needs fixing, and how to move forward without risk or regret.

Don’t Let a Confidentiality Clause Control Your Career

NDAs shouldn’t lock you out of your own story. If a confidentiality clause is interfering with your ability to job hunt, build your résumé, or speak freely in interviews, it’s time to ask what’s fair, and what can be changed.

At Horn Wright, LLP, our business transaction lawyers support professionals across New York who want to reclaim their voice after a tough exit. We help you review old contracts, push for fair revisions, and protect your legal rights while moving forward in your career.

Want support from a nationally ranked firm that helps employees protect their futures? Call Horn Wright, LLP, today to keep your next move yours.