4 ms·

Not sure how a simple statement of, "I was a full-time employee of company XYZ until I was laid off, with severance, after training my H1B contractor replacemen

Not sure how a simple statement of, "I was a full-time employee of company XYZ until I was laid off, with severance, after training my H1B contractor replacement," is at all disparaging. It is simply a statement of fact.

pavel_lishin 11y ago
I assume you're talking about these paragraphs: > Leo Perrero, an IT worker at Disney who was laid off after training his foreign replacement, says non-disparagement agreements hinder the debate over the H-1B visa. Without such agreements, "you would have a lot more people speaking out - real human beings with real stories, not just anonymous persons speaking out," said Perrero. > "Their freedom of speech is being taken away from them with the non-disparagement agreements," he said. Stating a fact is probably not disparaging. (Not a lawyer; I dunno.) But that's not a debate, either. If you want to debate about it, you basically have to say that this act hurt you, which may count as disparaging or discrediting your former employer.
floppydisk 11y ago
The problem is, if the statement is word in a very open ended manner and the firing company perceives the comments as disparaging in any way, they come after you. The company could argue revealing they're completely replacing departments with outsourced staffing as detrimental to the company's reputation due to the stigma associated with outsourcing. They go to court and whip out multiple blog posts/forum comments/editorials to prove their point. Now you're stuck. You're helping perpetuate a damaging stigma against your former employer that negatively impacts their business reputation. Doesn't matter if it's "fact" or not. Is the fact disparaging? They might also get you on NDA violations if your NDA includes not revealing corporate staffing strategies. IAMNAL but I've been around enough to know it's possible to spin anything with an open-ended clause.

pavel_lishin 11y ago

I assume you're talking about these paragraphs: > Leo Perrero, an IT worker at Disney who was laid off after training his foreign replacement, says non-disparagement agreements hinder the debate over the H-1B visa. Without such agreements, "you would have a lot more people speaking out - real human beings with real stories, not just anonymous persons speaking out," said Perrero. > "Their freedom of speech is being taken away from them with the non-disparagement agreements," he said. Stating a fact is probably not disparaging. (Not a lawyer; I dunno.) But that's not a debate, either. If you want to debate about it, you basically have to say that this act hurt you, which may count as disparaging or discrediting your former employer.

floppydisk 11y ago

The problem is, if the statement is word in a very open ended manner and the firing company perceives the comments as disparaging in any way, they come after you. The company could argue revealing they're completely replacing departments with outsourced staffing as detrimental to the company's reputation due to the stigma associated with outsourcing. They go to court and whip out multiple blog posts/forum comments/editorials to prove their point. Now you're stuck. You're helping perpetuate a damaging stigma against your former employer that negatively impacts their business reputation. Doesn't matter if it's "fact" or not. Is the fact disparaging? They might also get you on NDA violations if your NDA includes not revealing corporate staffing strategies. IAMNAL but I've been around enough to know it's possible to spin anything with an open-ended clause.