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? Non-disappearing clauses are widely used in employment contracts and severance contracts. The same risks and advice apply, although the EEOC and other government agencies have recently expressed concerns about whether certain denigration clauses could go too far in illegally prohibiting workers or former employees from laying legitimate but “disparaging” charges against these agencies. As a result, many denigration clauses are now an exception for filing such taxes, and you should require this and any other exceptions that may apply to you if you sign one. 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. In addition, like overly broad confidentiality agreements, non-disappearing clauses may be contrary to recent state laws prohibiting employers from introducing confidentiality clauses preventing workers from publicly discussing sexual harassment and other rights against the employer. An employer could also lose its ability to deduct the costs of its federal taxes related to the payment of sexual harassment fees if the comparison is subject to a “non-disclosure agreement,” which is likely a non-disappearance clause.
A possible red flag to be paid attention: “The non-disappearance agreement should only cover behaviour from the day of the signing. It must clearly rule out everything that has happened before – because an employee may have already torn up his employer to 15 people,” says Michael Elkins, an expert on labour and labour law and founder of MLE Law. Clarify with your employer or an employment law specialist to make sure the agreement only covers what you do after you sign it and nothing you`ve ever done, he says. Finally, you acknowledge that many laid-off workers denigrate their former employers as a defence. They think the ex-employer will denigrate them. Therefore, an employer who tells a laid-off worker that he hopes the ex-employee will find a more suitable job can go a long way to prevent 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 will not muzzle it badly and follows its usual policy of providing only neutral references. Even though the former employee is still unhappy, she realizes that it is in her best interest not to denigrate her former employer.
“If you can`t say anything right, don`t say anything at all.” It worked well when your parents and teachers wanted you to get along with your friends in the playground.