Non-Disparagement Employment Agreement
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What Is a Non-Disparagement Employment Agreement and Why You Might Need One
A Non-Disparagement Employment Agreement is a contract between an employer and employee that prohibits either party from making negative remarks about the other. This agreement typically includes a clause prohibiting the employee from speaking negatively about the employer, their products, services, or employees, in any public forum, including social media. The agreement may also include a clause prohibiting the employer from speaking negatively about the employee. This type of agreement is often used to protect employers from employees who might make damaging statements about the company in the event of a dispute or termination. It can also help protect the reputation of both parties.
Key Considerations for Creating a Non-Disparagement Employment Agreement
1. Clearly define what constitutes a “non-disparagement” clause, and make sure that the definition is legally binding.
2. Specify any penalties for violating the agreement.
3. Make sure that the agreement is compliant with any applicable federal and state laws.
4. Ensure that the agreement does not restrict an employee’s rights to discuss his or her wages, benefits, or working conditions with others.
5. Make sure that the agreement does not prohibit employees from filing complaints with government agencies or participating in investigations or proceedings conducted by those agencies.
6. Make sure that the agreement is clear and understandable to both parties.
7. Consider including a provision that allows either party to terminate the agreement if the other party violates its terms.
8. Provide a copy of the agreement to each employee who signs it.
Enforcing and Modifying a Non-Disparagement Employment Agreement: What You Need to Know
The best way to ensure that a non-disparagement employment agreement is enforceable is to have it reviewed and approved by an experienced attorney. An attorney can review the agreement to make sure that it adequately covers all the necessary elements, such as language that clearly defines the scope of the agreement, and any applicable penalties for breach of the agreement. Additionally, an attorney can advise you on any potential risks or issues that could arise from enforcing the agreement.
It is also important to note that non-disparagement employment agreements are typically not modifiable. However, depending on the language of the agreement, it may be possible to modify the agreement with the consent of both parties. If you would like to modify your agreement, it is best to consult with an attorney to discuss the specifics of your situation.