Then I will do your homework for you, as you could not seem to be bothered to. Evil Genius Games is apparently located in California. California's relevant code covering NDAs is
here.
Really? Did you just google that, or do you know what you're talking about?
I have a good guess on this one ...
Let's start by reviewing what I wrote ....
If you are unfamiliar with NDAs, then you probably would do best to avoid speculating about what they do, and do not, cover on the internet.
Making a blanket statement (such as the one you did above) that is not accurate does not help. NDAs (and more specifically confidentiality agreements) are just contracts, and while contracts that are themselves illegal (such as a contract to kill someone) are unenforceable, and other contracts may be void as against public policy, and still others may be subject to statute (The Speak Out Act), the actual contours of what constitutes a permissible disclosure, and what constitutes a crime, are not something that any reasonable employee would deal with on their own.
Shorter version- what you said is incorrect, and I have no idea why you are so determined to attack employees who resigned on principle.
Yes, California adopted it's own law (similar, yet not the same, as the federal
Speak Out Act called
Silenced No More Act, which expanded the earlier 2019 provisions). Which means that in California, there are specific restrictions on the use of NDAs and confidentiality clauses.
But they aren't as sweeping as you make them out to be. For example, if a termination is part of a settlement, then unless there was already an asserted claim before a tribunal, you can have confidentiality clauses related to
threatened or unasserted claims. This might be if you have a severance and waiver package (for example).
Further, there is a statutory difference between an NDA and a (standard) separation agreement.
Of course, we are not privy to what (if any) contracts are at issue here or what governing law controls (which is why I was careful to make general statements that were caveated, as opposed to whatever it is that you are doing), but sure, you really seem like someone who know what they are talking about, and not someone just googling stuff to argue on the internet.
Then again, as I previously noted, it seems very important to you to attack the employees that left, so ... good luck with that! Your posts are, to borrow a phrase,
res ipsa.