Whether or not your employer enforces their non-disparagement agreements depends on your company and what the denigration will entail. Is it likely that they will come after you when you insult them to your mother or in a private message to your best friend? Probably not. Nevertheless, as with any legal document, you should treat a non-disparagement agreement as a contract with possible consequences if you do not respect the end of the agreement. “I think the way someone should act is that if you sign a contract, you should abide by that treaty and think that if you don`t, it could be imposed on you,” Elkins says. While the actual applicability of these treaties remains a topic of discussion, many experts agree that he is unlikely to take legal action for women who have opposed Weinstein. “Can you imagine Harvey Weinstein suing someone for breaking a confidentiality agreement so as not to reveal that he`s a monster attacking women?” Garfield said. “This appears to be a continuation of the abuse.” Non-disparaging clauses are widely used in employment contracts and termination agreements. The same risks and advice apply, although the EEOC and other government agencies have recently expressed concerns about whether some denigration clauses could go too far in illegally prohibiting employees or former employees from filing legitimate but “derogatory” charges with these agencies. In a statement to FRONTLINE, Weinstein denied the accusation of attempted rape.
He also said: “Over a 30-year period, there have actually been less than 10 comparisons of claims to harassment. None of these agreements prevented a person from going to the police if they had wished to do so. Generally speaking, these agreements use broad language that encompasses all types of denigration, from IRL tirades to bad speech that appears 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): confidentiality and confidentiality agreements are surprisingly everyday in today`s world. Information protected by the privilege of a lawyer and the confidentiality of the doctor and patient is in principle covered by a full confidentiality agreement and even librarians are required to keep secret the information about the books you have read. “Those who work in the restaurant and hospitality sector, agricultural workers, domestic workers – for them, every dollar makes a big difference and therefore the threat of losing money they may have received as a result of a confidentiality agreement, or being prosecuted, this threat will silence them,” Lapidus said. “Here, this money is indispensable, and they have probably already spent it when they are considering expressing themselves.” But over the years, legal experts say, these confidentiality agreements have also turned into more personal affairs, often used by powerful men in cases of alleged sexual harassment or assault. 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. . . .