What action can my employer take against me for mentioning our co is partnering with another and we have a NDA

Question

I was at a conference. Met a gentlemen’s that works for company being acquired by the company we are in the process of partnering with. Contract is not signed. I never saw the NDA but it is standard practice to have one so it is assumed. I dont know whats in the NDA as far as any special requirements. My colleague was with me and later told me I should not have mentioned it since there is a NDA in place. Upon returning, HR and boss had a call with me where they wanted to get my side of the story and also brought up performance issues. I dont have a PIP or under any disciplinary actions. My review in February mention my tactics to get stuff accomplished was not idealbut got a 3 = meets and sometimes exceeds expectations. Told they dont give out 4 often and pretty much never 5’s. 
I am not sure what action they can take. Criminal? They didnt fire me so I am not 100% sure the delay except I had reported issues with my ability to do work in the past due to my ADHD.

James L. Arrasmith · Answer

Your employer might take disciplinary action if they believe you violated the NDA or disclosed confidential information. Even if you never saw the NDA, it's common for companies to expect employees to follow confidentiality protocols. They could argue that mentioning the partnership was a breach, even if the contract isn't signed yet. Depending on their policies, they could issue a warning, put you on a performance improvement plan (PIP), or take other internal actions. 
 
It’s unlikely that this situation would lead to criminal charges unless there was intentional or severe misconduct, but they might take civil action if the breach caused significant harm. Since they brought up performance issues, it could also be an indication that they’re building a case for further disciplinary measures, so it’s important to stay mindful of your performance moving forward. 
 
If you’ve previously reported issues related to your ADHD, you could consider if this situation might involve any form of retaliation. However, it's important to stay transparent with HR and your boss about your intentions, and possibly consult legal guidance to understand your rights under employment and disability laws.

Neil Pedersen · Answer

There is no criminal exposure here, so do not fret that. 
 
You are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer.  Your employer can discipline or terminate you at any time and for any reason or for no reason at all.  Therefore if your employer does not like the fact that you had these communications it has the right to simply fire you.  It does not matter if an NDA exists or not. 
 
If you can prove you are being harassed or otherwise treated badly because the employer knows you have ADHD then you might have a disability discrimination case.  However far more would need to be known to determine if that is the case.  If you think that is occurring it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
  
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you.  Many advance all the costs of the litigation as well.  Do not let fear of fees and costs keep you from finding a good attorney. 
 
Good luck to you.

Q: What action can my employer take against me for mentioning our co is partnering with another and we have a NDA