Disparagement Agreement

Non-disparaging provisions can be effective in deterring former workers from «denigrating a former employer after employment or billing. Nevertheless, employers may wish to know the limitations and practical aspects of applying these provisions. The consequences of violating a non-vaccination agreement are primarily financial. Depending on the language of the agreement, you could be on the hook to reimburse all or part of your severance pay if non-vaccinations were a condition for you to receive this salary. One of the ways to circumvent the problem of speculation and justify damages is to introduce a lump sum/specific provision on compensation, in conjunction with the non-vaccination clause. Note that employers may want to carefully choose the amount of lump sum damages – setting the amount too high could be considered an unenforceable «penalty». If you set the amount too low, the discharge may, in extreme cases, fall below the actual damage. Another way to avoid the problem of damages may be to seek an injunction and a benefit instead of damages. 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. These decisions indicate that statements that are factual and that, by their nature, do not imply anything negative about a party, do not lead to a violation of a non-vaccination clause. . .

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