Confidentiality (NDA) Lawyer Oakland County MI

Most people don’t think twice before signing a confidentiality agreement—until it comes back to haunt them. I see it all the time. An employee signs an NDA on the way in, on the way out, or buried inside a severance agreement, without fully understanding what they just agreed to.

Non-disclosure agreements (NDAs) are not just boilerplate paperwork. They can control what you say, where you work, and how you move forward in your career. And in many cases, they go further than the law allows.

In Oakland County and across Michigan, employers use NDAs to protect legitimate business interests—but also, sometimes, to overreach. They draft them broadly, enforce them aggressively, and rely on the fact that most people won’t push back.

At Batey Law Firm, PLLC, I deal with these agreements every day. I don’t sugarcoat things. I’ll tell you what the agreement actually says, what it means for you, and whether it holds up under Michigan law.

What Is a Confidentiality Agreement (NDA)?

A confidentiality agreement—commonly called a non-disclosure agreement or NDA—is a legal contract that limits what information you can share and how you can use it. On paper, that sounds straightforward. In practice, the scope of these agreements can vary widely—and that’s where problems start.

Definition and Purpose

At its core, an NDA is designed to protect sensitive business information. Employers have a legitimate interest in keeping certain information private. The issue is when that protection turns into control.

NDAs are typically used to:

• Restrict disclosure of confidential or proprietary information
• Protect trade secrets and internal business operations
• Safeguard client lists, pricing strategies, and intellectual property
• Prevent employees from sharing information after leaving a company

You’ll most often see these agreements in:

• Employment contracts at the start of a job
• Severance agreements at the end of employment
• Independent contractor or consulting agreements

The key question is not whether an NDA exists—it’s whether it’s reasonable and enforceable under Michigan law.

Types of NDAs

Not all NDAs are created equal. The type of agreement matters because it affects who is bound and how restrictive the terms are.

Common types include:

• Unilateral NDAs
  One-sided agreements where only the employee or contractor is restricted from disclosing information. This is the most common form in employment settings.
• Mutual NDAs
  Both parties agree not to disclose certain information. These are more common in business-to-business relationships.
• Employment NDAs
  Agreements signed at the beginning of employment, often as part of a broader employment contract. These can be narrowly tailored—or overly broad.
• Severance-Related Confidentiality Clauses
  NDAs included in separation or severance agreements. These often come with additional restrictions, like non-disparagement clauses, and are sometimes tied to compensation.

The problem I see most often is not the existence of the NDA—it’s how far it goes. When an agreement tries to restrict more than it should, that’s when it needs to be challenged or negotiated.

When You Need an NDA Lawyer in Oakland County

Before Signing an NDA

This is where you have the most leverage. Once you sign, your options narrow.

Before signing, I focus on:

• Reviewing terms before accepting employment
  What looks standard often isn’t. Language can be buried that limits your future more than you realize.
• Evaluating severance agreements
  These agreements often tie compensation to confidentiality obligations. If you’re giving up rights, you need to know exactly what you’re getting in return.
• Identifying overly broad or unfair provisions
  If an NDA tries to cover everything, lasts forever, or restricts your ability to work, that’s a problem.

The goal here is simple: understand what you’re agreeing to—and fix it if necessary—before it becomes binding.

After Signing an NDA

Once the agreement is signed, the focus shifts from prevention to protection.

At this stage, I help with:

• Understanding your ongoing obligations
  What can you say? What can’t you say? What actually qualifies as confidential?
• Determining enforceability under Michigan law
  Just because you signed it doesn’t mean it will hold up. Some agreements go too far.
• Responding to employer threats or enforcement actions
  Cease-and-desist letters and legal threats are often designed to intimidate. The question is whether they have real legal weight.

This is where a lot of people assume the worst. My job is to separate what’s enforceable from what’s not.

When a Dispute Arises

Once things escalate, the stakes change. Employers may already be building a case.

I step in when:

• Allegations of breach arise
• The employer claims disclosure of confidential information
• You’re facing lawsuits or cease-and-desist demands

At that point, it’s about strategy—defending your position, challenging the agreement if necessary, and controlling the narrative before the employer does.

Common NDA Issues I See in Michigan

Overly Broad Definitions of Confidential Information

Some agreements define “confidential” so broadly that it becomes meaningless.

• Employers try to include everything—public information, general knowledge, even skills you developed on the job
• There are no clear boundaries, leaving you guessing what you can and cannot say

That kind of language is often a red flag and can be challenged.

Restrictions That Go Beyond Confidentiality

This is where NDAs start acting like something else entirely.

• Agreements that function like non-compete clauses
• Restrictions that limit your ability to work in your field
• Language that controls your future, not just your speech

An NDA should protect information—not prevent you from earning a living.

One-Sided Agreements

Many NDAs are written entirely in favor of the employer.

• All obligations fall on the employee
• The employer assumes no real responsibility
• There’s no balance in how the agreement is enforced

That imbalance doesn’t automatically make it unenforceable—but it’s something I look at closely.

Hidden Clauses in Severance Agreements

Some of the most restrictive language shows up when you’re leaving a job.

• Non-disparagement provisions that limit what you can say about your experience
• Restrictions on discussing workplace issues, even when those issues may involve unlawful conduct
• Waivers tied to confidentiality language, often connected to severance pay

These clauses are often presented quickly, with pressure to sign. That’s when mistakes happen—and why reviewing them matters.

NDA Enforcement and Litigation

How Employers Enforce NDAs

Most enforcement starts with pressure. Employers rely on the language of the agreement—and the assumption that you won’t challenge it.

Common tactics include:

• Cease-and-desist letters
  These are often the first step. They demand that you stop certain conduct immediately, even if the claim is questionable.
• Threats of litigation
  Employers may threaten lawsuits to create urgency and fear, regardless of whether the claim would actually hold up in court.
• Injunctions to stop alleged disclosure
  In more serious cases, employers may go to court seeking an order to prevent you from sharing or using certain information.

The key issue is whether the NDA is enforceable as written. Just because an employer is aggressive doesn’t mean they’re right.

Defending Against NDA Claims

When you’re on the receiving end of an NDA claim, the focus shifts to defense and strategy.

That may involve:

• Challenging enforceability
  If the agreement is overly broad, vague, or unreasonable, it may not hold up under Michigan law.
• Proving information was not confidential
  Not everything an employer labels “confidential” actually qualifies. Public information or general knowledge is not protected the same way.
• Showing employer overreach
  Some employers push beyond what the law allows. When they do, that can weaken their position significantly.

These cases are rarely as one-sided as they first appear. Once you break down the agreement and the facts, the leverage often shifts.

When Confidentiality Becomes Control

Confidentiality agreements are supposed to protect information—not control your future. But too often, employers use NDAs as a tool to limit what you can say, where you can work, and how you move forward after leaving a job.

I’ve seen agreements that go far beyond what the law allows. I’ve seen employees boxed in by language they didn’t fully understand at the time they signed it. And I’ve seen employers rely on that confusion to enforce terms that shouldn’t hold up.

The law in Michigan does not give employers unlimited power. There are limits, and those limits matter. Whether you’re reviewing an agreement or dealing with a dispute, understanding where those lines are can make all the difference.

Speak With an NDA Lawyer Today

If you’ve been asked to sign a confidentiality agreement—or you’re dealing with one now—get clarity before you make your next move.

Batey Law Firm, PLLC
30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025

📞 Phone: (248) 540-6800
🌐 Website: www.bateylaw.com