Severance Agreement Form With Non-disparagement Clause In Oakland
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
As to whether the non-disparagement clause is lawful, that depends on whether certain exceptions are provided for. There should be exceptions that allow a party to provide truthful testimony in legal proceedings, communicate truthfully with any government agency, or enforce the agreement the parties signed.
Non-Disparagement. Employee agrees that he/she will not say, write or cause to be said or written, any statement that may be considered defamatory, derogatory or disparaging of any of the Releasees.
You shall not, directly or indirectly, in any communications with any reporter, author, producer or any similar person or entity, the press or other media, or any customer, client or supplier of the Company, criticize, ridicule or make any statement which is negative, disparages or is derogatory of the Company or any ...
The Parties covenant and agree that in no event, and at no time during the Term of this Agreement or at any time thereafter, shall either of them disparage, denigrate, slander, libel or otherwise defame the other or the other's businesses, services, properties or assets, or employees, personnel, agents, or ...
During the Agreement Term and thereafter, Executive agrees that he will not take action which is intended or would reasonably be expected to harm the Company or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.
For example, California Government Code Section 12964.5 prohibits employers from requiring an applicant or employee, as a condition of employment or continued employment, to sign a non-disparagement agreement or any other document that prevents applicants or employees from discussing or disclosing information about ...
disparagement clause generally prevents employees from disclosing certain confidential business information or saying anything negative about their former employer. Confidentiality clauses generally prohibit employees from sharing details of the severance agreement.
Available legal options for seeking to enforce a non-disparagement agreement primarily include sending a cease-and-desist letter, filing a lawsuit for injunctive relief to stop (or request the removal) of any disparaging statements or posts, and pursuing legal claims for common law defamation.