MARK KOHLERMain Street Professionals, Main Street Professionals, Main Street Professionals, Main Street Professionals, Main Street Professionals, LLC · Owner at Main Street Professionals, LLC

The NDA Mistake Every Business Owner Makes #Legal #Business

21 Jul 2026 · 1 min

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In this segment, Mark Kohler explains that business owners can require employees to sign a non‑disclosure agreement (NDA) even if there is no formal employment contract. He emphasizes that administrative personnel and especially social‑media managers are likely to encounter sensitive or potentially embarrassing information about the business, making NDAs a useful tool to prevent the public disclosure of private matters. Kohler cautions, however, that an NDA cannot be drafted to force illegal silence or to prohibit lawful speech; it must remain within legal bounds. The overall message is that a properly‑crafted NDA can protect a business from accidental leaks, but it must respect legal limits.

Chapters

You don't have to have an employment contract to ask them to sign an NDA, a non-disclosure agreement. With the social media world around us now, your employee, especially if they're administrative and inside the honeycomb, if you will, they might see you in precarious situations saying something you didn't mean to say or saying something embarrassing. And if having an NDA, depending on the type of employee, I think is important too so they can't share something extremely private later and cause you a lot of problems. Of course, you can't have them sign an NDA that allows you to do illegal things, not to say something, but something that might be embarrassing, especially for hiring a social media manager. You know, they're not going to see your best look all the time. So an NDA could be very, very helpful.