Let`s decipher what denigration means in this context and what exactly you agree if you sign a no-disappearance clause. Non-denigration agreements can be confusing and the circumstances under which you are asked to sign one may be difficult. But knowing what your company really wants from you – and what you need to keep in mind before you sign – can help you make a decision that will allow you to protect yourself and ultimately work on exciting new opportunities. Until a few years ago, we have consistently argued that the inclusion of a so-called non-disappearing clause in an executive employment contract or an executive separation and severance agreement is not only a potential food for further controversies between the parties, but is not necessary. “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. Therefore, we generally recommend that employers use an appropriate release and release agreement when offering severance pay. As a general rule, an employer is not required to offer severance pay unless there is an employment agreement or severance policy that requires severance pay. But even if there is such an agreement or policy of severance pay, the agreement or policy should also require the implementation of a compensation agreement to obtain severance pay and year-end pay. Conventional wisdom suggests that if the employer offers severance pay, it should receive a promise not to complain in return. (The benefits of an unlocking agreement could include other commitments, such as .
B an agreement on future cooperation or lack of competition or competition from customers and staff.) If an employer does not receive this promise not to sue and is prosecuted, it tends to regret the decision to effectively fund the former employee`s action with the severance pay that was provided “freely and clearly”. Practical tip: Severance pay or plans that require severance pay should also require the former employee to sign an unblocking contract in exchange for severance pay. Non-incapacity clauses may also apply to indirect acts. B, for example, when a person who has signed a non-disappearance agreement encourages someone to make derogatory statements. Even statements in subsequent actions have been found in some cases as a violation of a previous non-disappearance agreement (see z.B.