AVAYA LETTER IS A concerning and serious situation. Here's what you should know and how to report it:
What makes this potentially problematic
Non-disclosure agreements can be illegal or unenforceablewhen they attempt to prevent employees from reporting workplace violations, discrimination, or illegal activity to government agencies. The timing (2 years later) and the conditioning of payment on signing are red flags worth scrutinizing carefully.
Steps to take
-- First, do not sign anything until you've had a lawyer review it. Many employment attorneys offer free consultations, and this is exactly the kind of situation where a 30-minute review could protect you significantly.
Where to report
The right agency depends on what the NDA is trying to cover up or restrict:
NLRB (National Labor Relations Board) at nlrb.gov— if the NDA restricts your right to discuss wages, working conditions, or union activity with coworkers. This is one of the most common NDA violations.
EEOC (Equal Employment Opportunity Commission) at eeoc.gov — if you believe the NDA is designed to suppress discrimination or harassment claims.
SEC Whistleblower Program at sec.gov/whistleblower — if it involves financial misconduct, which is relevant given Avaya's bankruptcy history.
Your state labor board — many states have stronger worker protections than federal law, especially California, New York, and Illinoi.
State Attorney General — most AGs have a consumer/worker protection division that investigates predatory employer practices.
+++Practical advice for the thread+++
The fact that multiple ex-employees are receiving this email is actually significant — collective complaints carry more weight with regulators than individual ones!! If others in that thread are experiencing the same thing, filing jointly or coordinating complaints to the NLRB would strengthen the case considerably.
You are legally protected from retaliation for filing complaints with any of these agencies, and you cannot be denied money you're legally owed simply for refusing to sign an NDA.