Whether or not your employer enforces their non-disparagement agreements depends on your company and what the denigration will entail. Is it likely that they will come after you when you insult them to your mother or in a private message to your best friend? Probably not. Nevertheless, as with any legal document, you should treat a non-disparagement agreement as a contract with possible consequences if you do not respect the end of the agreement. “I think the way someone should act is that if you sign a contract, you should abide by that treaty and think that if you don`t, it could be imposed on you,” Elkins says. Finally, recognize that many laid-off employees denigrate their ex-employers as a defensive measure. They think the ex-employer will denigrate them. Therefore, an employer who informs a dismissed employee that he hopes that the former employee will find a more suitable job can go a long way in deterring the worker from denigrating that employer. Even if it is not stipulated in the separation agreement, a company should assure the dismissed employee that the company does not speak badly and that it has its usual policy of providing only neutral references. While the ex-employee may still be unhappy, she will instead realize that it is in her best interest not to denigrate her former employer. If you are unsure, seek advice from your independent legal counsel before signing the transaction agreement.
More than once, an in-house lawyer called me to sue a former employee for “doing wrong” the company, while he agreed not to denigrate the company as part of a settlement agreement or severance pay. Nevertheless, I often had to tell the client the bad news that, given the true contractual language, there would be little chance of winning and/or, even if we won, the attorney`s fees would likely exceed the damages we would reasonably expect. However, the good news for those of you reading this article is that there are three simple steps you can take to significantly improve the effectiveness and enforceability of the non-disparagement clauses you want to implement in the future. There are a few things to keep in mind: What`s the offer on the table and is it worth it for you? What do you earn? Is this part of a layoff agreement where a company pays you to stay silent? It`s up to you to decide if that compensation is worth signing the deal, Cheddie says. Nothing in a settlement agreement can legitimately prevent you from making a protected disclosure, commonly known as whistleblowing. But be very careful with that. It is recommended that you seek advice from an employment attorney on whether the matters you wish to disclose are considered a protected disclosure and (b) how and to whom you may make an announcement, (c) the specific terms of your agreement. “When an employee is hired, it`s somehow implicit that you don`t talk about the company while you`re at it because they could fire you,” Granovsky says.
“But after a person leaves, they might have bad feelings towards their former employer, [and] how on earth are you going to get them to stop?” he adds. “One thing employers are trying to put this non-disparagement clause in a termination agreement.” In other words, companies will make signing the non-vaccination clause a condition for getting your severance pay and/or benefits. This is a very worrying case from the point of view of a lawyer. And be aware that this is not a unique case among most public and federal courts in the country. It seems that wherever you are, accepting a non-disparagement clause in a treaty, such as.B. of a settlement agreement, you can expose yourself to terrible consequences if you tell someone something that the other party might “denigrate” in some way. . .