Legal Question in Business Law in Washington

Re: Confidentiality Agreements and non-payment

Generally, confidentiality agreements concern themselves with trade secrets, so whether a confidentiality agreement is violated would depend on whether this is a trade secret. If the agreement defines trade secrets and employee pay arrangements are not included, you are probably not violating the confidentiality agreement.

However, I would warn you against this action for other reasons. If its very clear that the employer owes the money, your girlfriend should have no problem collecting in small claims court. If the employer is withholding the wages with knowledge that they are owed (no chance that it was a misunderstanding, legitimate disagreement or clerical error) then she can collect additional damages over and above what's owed. If she has to go to court to do it, she should also be able to get attorney's fees paid.

If, on the other hand, you two march in front of the business and a court decides that any of your signs were incorrect or that the wages are not owed (and business is driven away), you could be facing a defamation suit.

There are easier and more cost effective ways to make the employer pay what is due. You may want to check in with an employment law attorney.