31–40 of 615 posts
I guess I just don’t understand contracts and laws. Your employment agreement can include stuff like “if you say anything bad about us, even to your family in your own home, you owe us $50,000”. What in the world?? I guess NDA’s are like that, and used everywhere. Still it just seems wild
What's to understand? Person agrees to thing. Person is held to thing.
A good reminder not to sign contracts with non-disparagement clauses, if you can help it. Seems like good territory for California to ban like they did with non-competes. At the very least they should be restricted from inclusion in severance agreements - at that point the company already has you over a barrel.
And there need to be serious regulations about how these agreements can be used, and those regulations should protect whistleblowers at all costs. Like a public figure suing for libel/slander/defamation, the burden of proving statements false should rest entirely with the company.
> The ruling, awarded without proper notice by an emergency arbitrator (a non-court mediator that is part of the American Arbitration Association), actually said nothing about the truth or otherwise of Sarah’s devastating claims in her book. It made no mention of defamation. Instead, it relied on a non-disparagement clause in her severance agreement with Facebook to silence her. It's well past time to rein in arbitra…
“They were careless people, Tom and Daisy- they smashed up things and creatures and then retreated back into their money or their vast carelessness or whatever it was that kept them together, and let other people clean up the mess they had made.” ― F. Scott Fitzgerald, The Great Gatsby
My understanding is that as part of a severance package she received in 2017 she agreed to some kind of "non-disparagement" clause. She then went on to write a book disparaging the company. The arbitrator didn't rule on the disparagement itself or if anything was true or false. Only ruled that she had to abide by the contract she signed. It sounds like an interesting book, and I'll add it to the list. But it also sou…
My understanding is that as part of a severance package she received in 2017 she agreed to some kind of "non-disparagement" clause. She then went on to write a book disparaging the company. The arbitrator didn't rule on the disparagement itself or if anything was true or false. Only ruled that she had to abide by the contract she signed. It sounds like an interesting book, and I'll add it to the list. But it also sou…
A good reminder not to sign contracts with non-disparagement clauses, if you can help it. Seems like good territory for California to ban like they did with non-competes. At the very least they should be restricted from inclusion in severance agreements - at that point the company already has you over a barrel.
Plus the power imbalance.