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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 33101
Experience:  Employment Law Expert
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I signed a separation agreement with a non-disparagement

Customer Question

I signed a separation agreement with a non-disparagement agreement, which is no problem, as I love the company. Now, company executives want to talk to me about my previous manager's illegal/unethical conduct. Does speaking with them (as representatives of the company I made the agreement with) break the non-disparagement clause?
Submitted: 11 months ago.
Category: Employment Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I have some thoughts and will type them up...a few mins please

Expert:  P. Simmons replied 11 months ago.

Thank you for your patience.

A non disparagement agreement restricts individuals from taking any action that negatively impacts an organization, its reputation, products, services, management or employees. They are found in virtually all settlement agreements and about a quarter of executive employment agreements.

And you ask a relevant question...can your frank conversations with the company impact your agreement?

Generally speaking, no. If the purpose of the conversations is to gather information of problems (or potential problems) within the company, that would not violate the agreement.

Still, I would demand they provide assurances, in writing, that your conversations will not impact your agreement. I would fully expect them to provide you such assurances.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.