· Anything that is a matter of public record · Any information that employee has prior knowledge of or gained from sources other than their employer · Any information that is common knowledge in a field Additionally, an NDA is not meant to protect a company from doing something illegal. If your company has unethical or illegitimate business practices, you still have a right to whistleblow (inform) to proper authorities. An NDA also cannot prohibit an employee from filing a sexual harassment complaint with the Equal Employment Opportunity Commission.