Any agreement against libel or slander should contain a liquidated damage clause. Liquidated damages may be incorporated as a clause in a contract when the parties to a contract agree to the payment of a certain sum as a fixed and agreed upon payment for not doing certain things particularly mentioned in the agreement.
Pennsylvania Agreement Not to Defame Regarding Possible Breached Contract
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Yes, non-disparagement agreements are enforceable. Non-disparagement agreements are legal documents that hold as much weight as any other legal document that you sign. That is why it's so important that you read and understand everything you sign regarding your employment and anything you sign at any time.
The consequences for violating a non-disparagement agreement are primarily financial. Depending on the language of the agreement, you could be on the hook to pay back all or part of your severance money if non-disparagement was a condition of you getting that pay. You could also face having to pay damages.
The legal definition of disparagement is the publication of false and injurious statements that are derogatory of another's property, business, or product. Whether you make false claims to your work BFF or on the local news, disparagement is the same; however, it's when your employer finds out that you've said
If you are thinking about signing any agreement with a non-disparagement clause, ask questions about it, understand it and get competent legal advice, especially if you are the one who is, let's say, more likely to disparage the other party to the contract.
Nondisparagement Clause a type of clause frequently used in employment agreements (i.e., as part of a severance package), which requires that employees or former employees do not "disparage" their employer upon severing a working relationship.
A mutual non-disparagement clause in which the Company agrees not to disparage the employee is almost impossible for the Company to honor. The Company is a broad defined term that includes many individuals, including officers, directors, employees, agents, etc.
The term disparaging is considerably more broad that the term defamatory. Although there are some variations in the parameters of the term disparaging, courts have found that it can mean anything that detracts or discredits, or to bring discredit or reproach upon; to dishonor, discredit; to lower in credit
If you are disparaging about someone or something, or make disparaging comments about them, you say things which show that you do not have a good opinion of them. He was critical of the people, disparaging of their crude manners. Synonyms: contemptuous, damaging, critical, slighting More Synonyms of disparaging.
Non-disparagement clauses in employment contracts are legal as long as they meet the Equal Employment Opportunity Commission (EEOC) requirements. If employees refuse to sign, employers can choose to discontinue employment.