Employee divisions are not always consensual and many companies feel it is advantageous to offer severance pay for dismissal of the outgoing employee. The severance contract generally includes some kind of compensation from the employer, either in a lump sum payment or in regular payments for a fixed term. In return, the separated worker releases any rights against the employer and generally accepts some limitation of the discourse on the employer and work experience. You settle your case, and the accused agrees to pay you a lot of money. All that remains is to sign a « standard » settlement agreement prepared by the accused`s lawyer. They come to page 10 and look at a paragraph called « No denigration. » You see that this means that neither party will « denigrate » the other . . . never. You call your lawyer and tell you not to worry, that it is a common provision and that it is probably nothing. He`s not even sure what « disappearing » is and wouldn`t it really be hard to prove? Most clients, often on the advice of their legal counsel, sign these things every day. It is not uncommon for a disparagement clause to be included in an employment contract that you must sign upon hiring, often as a party or next to a competition or non-invitation agreement, said Mary Cheddie, division head of the Human Resources Management Corporation.
When an employee signs something in advance while everyone is happy, the company protects against being in a bad mood in the future when the relationship gets angry, says Cheddie. If anyone has more information about the anti-defamation clause, please share. In reality, it is not easy to prove defamation. Because law enforcement must also protect « freedom of expression » and do not want people to live in constant fear of being sued by someone for making a public statement. However, it is the whole inner story and only for you. On the surface, even threats of « defamation suits » creep up, and we can exploit that fear by inserting the « anti-defamation clause » into the service contract. The aim is to prevent the client from publicly defaming you and from prosecuting them. This is the lingo you can copy in your contract: the customer agrees not to publicly attack [your name] and his employees, partners or partners at any time during or after the term of the contract (on public forums, blogs, social networks, etc.). Similarly, customer does not agree to seo consultation on seo forums, blogs, community groups or social media in a way that brings bad names to the company or to one of its employees, employees or partners. If this clause is violated, the client agrees to pay [your company name] damages. « When an employee is hired, it`s implied not to talk about the company while you`re there because they could fire you, » Granovsky says. « But if someone leaves, maybe they have bad feelings about their former employer, [and] like piracy are 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.