The real impact of Corey Lewandowski’s nondisclosure agreement with Donald Trump
So the question remains: Can Lewandowski really criticize Trump if the nondisclosure agreement he signed — and he did acknowledge signing one — includes the same language reportedly contained in another ex-employee’s contract?
.. According to experts in employment law, the answer to whether Lewandowski can freely bash his former boss — not that he has shown any inclination to do so — is yes … ish.
“It’s very hard to think of a scenario under which [a non-disparagement clause] is enforceable,” said Alan Hyde, an attorney who has represented the National Labor Relations Board and now teaches contracts and employment law at the Rutgers University School of Law. “It’s mostly there to be cautionary.”
.. In other words, it’s something Trump uses to make someone like Lewandowski think twice before saying something bad about him.
.. Even if Lewandowski could shred Trump on the air and then beat him in court, “just the cost of defending a lawsuit would likely be a huge deterrent to testing the limits of the clause,” Verkerke said.