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Non Disparagement Agreement After Termination for the United States

Non Disparagement Agreement After Termination Template for United States

A Non-Disparagement Agreement After Termination is a legally binding document used in the United States that prohibits a former employee from making negative statements about their previous employer, its products, services, or personnel following the end of their employment. The agreement outlines specific prohibited actions, duration of obligations, and typically includes exceptions for legally protected communications such as those with government agencies or court testimonies. It must comply with federal and state-specific employment laws, including whistleblower protections and labor regulations.

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What is a Non Disparagement Agreement After Termination?

The Non Disparagement Agreement After Termination is typically implemented when an employment relationship ends, whether through resignation, termination, or mutual agreement. This document has become increasingly important in the United States business environment, particularly in situations involving senior employees or those with access to sensitive information. It serves to protect the employer's reputation while ensuring compliance with federal and state laws, including whistleblower protections and labor regulations. The agreement typically includes specific definitions of disparagement, permitted communications, and duration of obligations, while maintaining necessary carve-outs for legally protected communications.

What sections should be included in a Non Disparagement Agreement After Termination?

1. Parties: Identification of the employer and former employee

2. Background: Context of employment termination and reason for agreement

3. Definitions: Key terms including 'disparagement', 'confidential information', 'parties'

4. Scope of Non-Disparagement: Specific obligations and prohibited actions, including detailed description of what constitutes disparagement

5. Duration: Time period for which the agreement remains in effect

6. Consideration: What the employee receives in exchange for the agreement

7. Exceptions: Legal and regulatory exemptions to non-disparagement obligations, including whistleblower rights

8. Enforcement: Consequences of breach and enforcement mechanisms

9. Governing Law: Specification of applicable jurisdiction and governing law

What sections are optional to include in a Non Disparagement Agreement After Termination?

1. Social Media Provisions: Specific rules regarding social media posts and online behavior

2. Mutual Non-Disparagement: Reciprocal obligations for both parties to refrain from disparagement

3. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration provisions

4. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

What schedules should be included in a Non Disparagement Agreement After Termination?

1. Schedule A - Permitted Statements: Pre-approved language for references or public statements about the employment relationship

2. Schedule B - Excluded Claims: Comprehensive list of claims and rights not affected by the agreement

3. Schedule C - Communication Protocol: Procedures for handling future communications and inquiries about the former employee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses
























Industries

National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss working conditions and engage in protected concerted activity. Non-disparagement agreements cannot restrict these protected activities.

EEOC Regulations: Equal Employment Opportunity Commission regulations that protect employees' rights to file discrimination claims. Non-disparagement agreements cannot prevent or prohibit such claims.

SEC Whistleblower Rules: Securities and Exchange Commission rules that protect individuals' rights to report securities violations. Non-disparagement agreements cannot restrict whistleblower activities.

State-Specific Non-Disparagement Laws: Various states have different restrictions and limitations on non-disparagement agreements, with some states like California having particularly strict requirements.

First Amendment Considerations: Constitutional free speech protections and public policy exceptions that may limit the scope and enforceability of non-disparagement agreements.

FLSA Compliance: Fair Labor Standards Act requirements that must be considered when drafting non-disparagement agreements to ensure they don't interfere with wage and hour rights.

ADEA Compliance: Age Discrimination in Employment Act considerations to ensure non-disparagement agreements don't restrict age discrimination claims or protections.

ADA Compliance: Americans with Disabilities Act requirements that must be considered to ensure non-disparagement agreements don't restrict disability-related rights and protections.

Speak Out Act of 2022: Recent federal legislation that limits the enforceability of non-disclosure and non-disparagement provisions in cases involving sexual assault and sexual harassment.

Enforcement Requirements: Legal requirements for enforcement including reasonableness, adequate consideration, and compliance with public policy limitations.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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