The term „pejorative“ is much broader than „defamatory.“ While there are some variations in the parameters of the term „pejorative,“ courts have found that it can mean „anything that distracts or discredits“ or „[t]o is discredited or advanced; to dishonor, to discredit; to reduce credit or appreciation. Perhaps the most significant difference is that many courts have ruled that statements can be pejorative, even if they are true or non-defamatory. In particular, when „denigration“ is used at the same time as „defamation“, it is likely that the courts will realize that the parties intended that the terms would not overlap only in their breadth. Well, for employers who offer severance pay in exchange for an exemption agreement, here are some pitfalls to avoid. There are a few things to keep in mind: What`s the offer on the table and is it worth it for you? What do you earn? Is this part of a layoff agreement where a company pays you to stay silent? It`s up to you to decide if that compensation is worth signing the deal, Cheddie says. On the one hand, if you have been blind to a layoff and need the money to pay your rent and buy food for a few more months until you find a new job, you can choose to sign a non-disparagement clause to get the severance pay offered to you. On the other hand, you might have some savings and be motivated by different factors to transfer the money, so you are free to say what you want. Ultimately, employers should be better served by narrow and neutral confidentiality clauses. Instead of telling the worker that she can`t say „bad things“ about her former employer, a well-worded and neutral confidentiality clause will likely be tastier for the recently fired employee. In addition, non-disparagement clauses, like overly broad confidentiality agreements, can violate recently passed state laws that prohibit employers from including confidentiality rules that prevent workers from publicly discussing sexual harassment and other claims against the employer. An employer could also lose its ability to deduct costs from its federal taxes related to the settlement of sexual harassment rights if the transaction is subject to a „confidentiality agreement,“ which is likely a non-disparaging clause. Generally speaking, these agreements use broad language that encompasses all types of denigration, from IRL tirades to bad speeches that appear written and in between. Granovsky offers some examples of the language an employee might see in a non-disparagement clause (for other examples on his blog): if employers offer termination agreements for employees to „buy peace,“ employers should be wary of the usual pitfalls.

As more and more employers prepare their own release agreements based on an earlier model, we have seen that some problems „stumble“ employers. But before we talk about the six pitfalls, first the rhetorical question. Unfortunately, some declassification agreements also recklessly use the same defined term („the company“) for „exempt parties“: z.B is suspended. whether or not your employer will enforce their non-disparagement agreements, your company and what the denigration entails. . . .