Non-Disparagement Clauses in a Digital World
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
When an employment relationship ends and the parties enter into a separation agreement, they may include a non-disparagement clause that specifically references electronic communications. In today’s digital world, it makes sense to do so. The employer does not want a disgruntled former executive trashing the company via social media. And, the executive does not want his job hunt hindered by negative comments made in public forums by former co-workers.
A non-disparagement clause obligates one or both parties to refrain from making negative comments about the other, either verbally or in writing. Most executives accept these clauses, with certain limitations. For example, an executive would need to be able to speak honestly if subpoenaed for a deposition. Most companies are also amenable to these clauses, although they may also request certain limitations. For example, since an employer cannot easily enforce a non-disparagement clause against all of its employees, the employer may request that the clause’s application be limited to a certain division of the company or a certain level of management.
To learn more about separation agreements and non-disparagement clauses, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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