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LeoBurr :leoburr:

@fesshole @the_gneech It’s not disparagement if it’s verifiable fact. Keep that in your back pocket.

5 comments
PlasmaGryphon

@LeoBurr @fesshole @the_gneech be careful, as I think some non-disparagement agreements try to go further than usual laws about defamation, so truthfulness might not be a defense. Although if someone else has said the facts publicly, can point people there... maybe.

I'm used to these types of agreements being only for settling suits or when given a severance to get you out the door when there's a potential wrongful termination or other suit. It sucks if they are making regular employees sign it.

I have also seen employers try to make leaving employees sign such things when quitting/laid off, but unless they give you something extra nothing forces you to sign it then.

@LeoBurr @fesshole @the_gneech be careful, as I think some non-disparagement agreements try to go further than usual laws about defamation, so truthfulness might not be a defense. Although if someone else has said the facts publicly, can point people there... maybe.

I'm used to these types of agreements being only for settling suits or when given a severance to get you out the door when there's a potential wrongful termination or other suit. It sucks if they are making regular employees sign it.

LeoBurr :leoburr:

@PlasmaGryphon @fesshole @the_gneech They usually make you sign it in order to get your severance for virtually all employees now. Again, defamation, either libel or slander does not apply when the substantial (even if not absolute) truth is being stated. Now any company can sue you for any reason or no reason at all, but if you feel compelled to tell truths about your company, it’s legally defensible.

PlasmaGryphon

@LeoBurr @fesshole @the_gneech truth is defense of defamation (in US at least, more complicated elsewhere), but to be clear, these agreements often go above and beyond that. Whether they hold up in court is another story and a lawyer can comment on that looking at the actual wording. But I am pretty sure you can sign agreements that prevent you from even saying the truth, as long as the scope is appropriate, there is condsideration, etc. And they can't stop you from reporting illegal activity.

LeoBurr :leoburr:

@PlasmaGryphon @fesshole @the_gneech You can sign agreements indicating that you are a walnut. It doesn’t mean it holds up in court. :)

Zimmie

@LeoBurr @PlasmaGryphon @fesshole @the_gneech The extra pay is contingent on not disparaging them for some period of time. If you disparage them, regardless of whether it’s true or not, you would be in breach of contract and subject to the penalties in the contract (probably have to pay back the severance pay plus some amount of damages).

Truth of a statement is only a defense against *liability for* slander or libel, and only in some jurisdictions. Doesn’t affect the contract dispute, since it’s not a lawsuit over liability for the disparagement, just over the breach of the contract.

@LeoBurr @PlasmaGryphon @fesshole @the_gneech The extra pay is contingent on not disparaging them for some period of time. If you disparage them, regardless of whether it’s true or not, you would be in breach of contract and subject to the penalties in the contract (probably have to pay back the severance pay plus some amount of damages).

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