Agreement Not To Disparage

The court found that a valid contract was entered into when the defendant pressed the “I agree” button on FreeLife`s website and that the standard non-disparagement clause was part of that contract. It was somewhat surprising to find that the clause was not ruthless and did not violate the reasonable expectations of the defendants. The defendant lost on 1. Round. The second round, which attacked the substance and very validity of the non-disparagement clause, was a more likely victory. But the accused also lost two rounds. There are a few things to keep in mind: What`s the offer on the table and is it worth it for you? What do you earn? Is this part of a layoff agreement where a company pays you to stay silent? It`s up to you to decide if that compensation is worth signing the deal, Cheddie says. Whether or not your employer enforces their non-disparagement agreements depends on your company and what the denigration will entail. Is it likely that they will come after you when you insult them to your mother or in a private message to your best friend? Probably not. Nevertheless, as with any legal document, you should treat a non-disparagement agreement as a contract with possible consequences if you do not respect the end of the agreement. “I think the way someone should act is that if you sign a contract, you should abide by that treaty and think that if you don`t, it could be imposed on you,” Elkins says. Whether it appears in an employment contract or as part of a separation agreement, a non-disparagement clause – which prevents you from saying something negative about a company again – can be intimidating.

And how many papers that accompany hiring and firing, it can be confusing: what does it really say? What are the consequences of the signature? If you are considering signing an agreement with a non-disparagemental clause, ask questions about it, understand them and get competent legal advice, especially if you are the one who, say, will denigrate the other contracting party instead. This is a very worrying case from the point of view of a lawyer. And be aware that this is not a unique case among most public and federal courts in the country. It seems that, wherever you are, the acceptance of a non-denigration clause in a contract, such as for example. B a settlement agreement, can expose you to terrible consequences if you say something that the other party could “denigrate” in some way. Maybe it`s nonsense. Your words don`t have to be false, defamatory, or even feisty. You can say or write something to anyone – to your friends, family or on social media – and if it can be interpreted as “pejorative”, you risk violating your transaction agreement. You can be sued and depending on what is written in the agreement, you may have to refund the proceeds of the transaction and any damage that the hated party can prove you were caused by the denigration.

Even worse, under Arizona law, because the claim arises from a contract, you could be taken to pay the attorneys` fees and expenses of the party who sued you. For example, the Georgia Court of Appeals applied this principle by upholding a judgment against former collaborators for violating a settlement agreement that prohibited the parties from “making derogatory or defamatory remarks.” The former employees had shared accurate information that their former employer was being “investigated” for insurance fraud and other crimes. . . .