STORY 27

I worked for a government agency where I was subjected to mobbing and victimisation by management. This resulted in extreme depression and my contract not being renewed. I reported my injury. I was approached to settle just before the hearing, almost 12 months later.

 Eventually just days before the hearing date we agreed to terms. Only after the hearing was vacated did the final paperwork come through in which an NDA was included. Initially my lawyer sent the form back with the NDA sections removed. No NDA was mentioned in the previous settlement negotiations, which were “WITHOUT PREJUDICE.” The agency refused to remove the NDA. After much sole searching, with my health deteriorating, money getting short,  and knowing that if the hearing were to be rescheduled, it would be months away, I decided to sign.

 The Psychiatric evaluation, which my employer requested and which took place just before the scheduled hearing date, raised the impact that this was having on my health. The NDA was so broad that I couldn’t criticize anyone that had ever worked for the department or the department itself. This would mean I couldn’t do my job. My employer refused to limit the clauses to only matters surrounding my employment but came back with something that meant I could at least do my job.

I did not want to sign this, but my health was getting worse, my psychologist raised his concern, and I was spent.  So I signed so I could live another day, but it was not consensual. It was necessary because my employee had near infinite resources. They had all the power.

The benefit of social support networks on recovery from trauma and abuse is well known. I have spoken to researchers about what studies have been conducted looking into the negative health impacts of NDAs. I have been told that they are not aware of any papers but that my hypothesis seems sound. To me it is unbelievable that this practice is allowed. It is well reported that suicides are higher for people who have experienced workplace bullying. If it was a drug, it would not be allowed, let alone be prescribed to an injured patient, so why can employers and lawyers wield this power? Where is their ethical responsibility?