Non Disclosure Non Disparagement Agreement


Whether it appears in an employment contract or as part of a separation contract, a disparination clause – which prevents you from telling someone something negative about a company – can be intimidating. And how many papers that come in with hiring and firing can be confusing: what does it really say? What are the consequences of signing? The court rejected the defendant`s intuitive argument that the non-denigration freelife clause was not applicable because it was too vague to say exactly what the parties had agreed to – the question “What is “disappearance” and how do you do it?” Unfortunately, the court had no problem telling the accused what the word meant and how he did it. He could not see any further than the Oxford English Dictionary: “When an employee is hired, it is implied that you will not talk about the company while you are there because they could fire you,” says Granovsky. But once a person is gone, maybe they have bad feelings about their former employer, [and] like piracy you`re going to get them arrested? He adds. “One thing employers are trying to do is put this disparagement clause in a severance agreement.” In other words, companies make the signing of the non-disappearing clause a precondition for obtaining your severance pay and/or benefits. Non-denigration agreements can be confusing and the circumstances under which you are asked to sign one may be difficult. But knowing what your company really wants from you – and what you need to keep in mind before you sign – can help you make a decision that will allow you to protect yourself and ultimately work on exciting new opportunities. If there is something you do not understand, you should visit a work and work lawyer after an outside lawyer. Ideally, you will find someone who specializes in non-disappearing agreements or severance agreements and is local, as laws may vary depending on where you live. A starting point: the Workplace Fairness Attorney Directory of Lawyers Representing Workers. If what is said to you is different from what you see in the written agreement, you must clarify before signing, because the written agreement is binding. If the NOA prevents you from filing discrimination or harassment claims with the appropriate authority, the NDA is unenforceable. A disparage clause simply says that you do not say anything negative about the company, its products, services or executives — in any form of communication.

The disparagement clauses try to prevent employees from doing anything, from a friend`s statement that the boss is a coup d`bar to post a heinous rejection of the whole thing on Twitter, to give interviews to journalists who give a negative light about the company. “If I have to pay her severance pay, I want to make sure she doesn`t walk around me or my business,” is not an unusual plea from an employer who separates from a difficult employee.