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-agent provisions may be effective in deterring former employees from laying off a former employer after their employment or after the count. Nevertheless, employers may be aware of the limitations and practical possibilities inherent in the application of these provisions. Whether or not you sign an agreement will be a very personal decision. „Each situation has to be evaluated on its own merits,” says Cheddie. The court found that a valid contract was entered into when the defendant pressed the „I accept” button on the FreeLife site and the non-remuneration clause is being negotiated. It found, somewhat surprisingly, that the clause was not unacceptable and did not exceed the defendant`s legitimate expectations. The accused lost round one. The second round, which attacks the content and validity of the disparage clause itself, was a more likely victory. But the accused also lost the second round.
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 saw no further than the Oxford English Dictionary: the consequences of violating a non-disappearance agreement are primarily financial. Depending on the language of the agreement, you may be on the hook to repay all or part of your severance pay if the non-disappearance condition was a condition for you to receive this payment. Let`s decipher what denigration means in this context and what exactly you agree if you sign a no-disappearance clause. 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.