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What Does a Non-Disparagement Clause Mean?

Many severance agreements contain language prohibiting you from disparaging the employer in the future.  Disparagement is a broad term, and generally covers any negative or unflattering comments you might make.  Unlike defamation or slander, the statements do not have to be false to be disparagement.

For this reason, the non disparagement language gives many people pause.  It can, and will, limit your ability to fully tell your side of the story about your separation, if that story casts the employer in a negative light.

At the same time, a final severance agreement is intended to allow the employer to "buy peace," and it is not hard to understand why they would want "peace" to include your agreement not to bad-mouth them to others.

What you can reasonably do in the face of a non-disparagement clause (if you otherwise are satisfied with the severance deal):
  • Make sure you are satisfied that the total package is sufficient to compensate you not only for your legal claims but for your agreement to not disparage
  • Be sure there are no liquidated or punitive damages in the agreement for violation of this provision
  • Ask for something reciprocal, at least a neutral reference or instruction to the individuals you dealt with not to disparage you

Learn more here about evaluating a severance agreement.

Need Help With a Severance Question?

Call (781) 784-2322
OR
Schedule a Free Information Call
Severance Agreements in Massachusetts employment lawyer

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Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog