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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33782
Experience:  15 years practicing attorney
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I am being let go by my company, as part of a severance

Customer Question

I am being let go by my company, as part of a severance package, they are asking i sign a 'Separation Agreement'. Under a section entitled 'Non Disclosure of Agreement/Non-Disparagement' it states: 'You understand and agree that the terms of this agreement
and your separation from employment are confidential and, unless required by law or for the purposes of enforcing the Agreement or when needed to consult with your immediate family and tax or legal advisors, neither you nor your agents or representatives shall
divulge, publish or publicize any such confidential information to any third parties or media, or to any current or former employee, or client of the Company or any of its affiliates. You also personally undertake the refrain from disparaging the Company or
its businesses or acting in a ,manner which is reasonably maybe viewed as detrimental to the best interests of the company' Is it fair to ask them to include something such as: The Company and my previous Manager also personally undertake to refrain from disparaging
my or act in any manner which reasonably may be viewed as detrimental to the best interests of myself. If I cannot disparage the company, it is fair that they include to not disparage me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""Is it fair to ask them to include something such as: The Company and my previous Manager also personally undertake to refrain from disparaging my or act in any manner which reasonably may be viewed as detrimental to the best interests of myself.""
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I see nothing at all that would prevent you from asking that this language be included in the agreement. Legally, they can't make any false derogatory statements about you with the intent of harming your reputation or that would be slander and defamation and give you grounds to sue.
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So by law you are already protected, but it doesn't hurt to have it spelled out in a contract because if they did violate it, it is a breach of contract action as well as a slander/defamation case.
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thanks
Barrister