Theological reflection on NDA non-disclosure agreements

Solid reporting by @emlybelz
@World_Mag on the use of non-disclosure agreements (NDAs) and non-compete clauses in churches.

Me: Both are bad for the gospel. NDAs coerce those who have seen wrongdoing from speaking out. Non-compete clauses also bully. 

Yes, employees should not disclose members' confidential information inappropriately while employed or afterward.

Yes, maybe it is best for severance to include a cooling off period where the parties do not speak ill of the other. 

But an NDA that mandates secrecy about everything (including suspicious, criminal, abusive, negligent, and unethical behavior, and sexual harrassment), and threatens any who disclose with legal action and financial penalty will lead to a dehumanizing, abusive culture. 

An NDA that demands the former employee deny that they have signed an NDA or that an NDA exists is a mandate to lie. This is evil. 

If someone who signed an NDA thinks they have a moral obligation to disclose something, I would urge them to go to the state authorities if it is criminal; find a good lawyer because NDAs are often not enforced in court on whistleblowers; contact a journalist confidentially. 

See also @scotmcknight on NDAs:

"Non-Disparagement Agreements And Truth-Telling In The Church: Willow Creek"

 SEPTEMBER 13, 2018

See also this post by @wthrockmorton from May 28, 2014 about non-compete clauses at Mark Driscoll's Mars Hill Church before it imploded. Driscoll resigned October 15, 2014.

wthrockmorton.com/2014/05/28/meg… 

Regarding calling out abuse in the church, find strength and expertise from:
@BozT @wademullen @R_Denhollander @wartwatch @reachjulieroys @JFHockett @futuristguy @UT_Grad_Amy @jdahlmd @ChurchLawAndTax @RichardHammar @MattBranaugh 

Here is Emily's tweet while working on the story: