4 ms·
I've never been asked to sign a non-disparagement clause, in a couple large companies and a few startups. I've seen a few, which were time-limited. In a merger
by tripletao 8y ago
I've never been asked to sign a non-disparagement clause, in a couple large companies and a few startups. I've seen a few, which were time-limited.
In a merger situation (or any other where you're already employed), passive chicken is sometimes effective. Like, say that:
1. You love the company and can't imagine ever "disparaging" it, in the common English sense of the word;
2. but you're not sure what their clause actually means legally, since you're not a lawyer, and you are always very careful to abide by the contracts you sign;
3. so it really would be simpler to remove that language.
Then just keep delaying, and see what happens. They'll either revise the contract, or forget about it entirely, or start talking about a termination date.
- anonDisparage 8y agoThank you very much, I think this is the most sound approach forward. Based on conversations today, they seemed unwilling to revise the contract, so either forgetfulness or possible termination seems close in my future!
- icedchai 8y agoRevise it yourself. Odds are the HR drones will never check it. Problem solved. Example: http://www.adamsdrafting.com/making-sneaky-changes-to-a-contract-before-signing-it/ http://www.adamsdrafting.com/making-sneaky-changes-to-a-cont... Worse case, they notice it, you have some lulz, and you're back to where you are now.
- tripletao 8y agoDidn't stay "solved": > Plaintiff is ordered to turn over $14,940.19 plus accrued interest, and premium payments for five months of COBRA coverage plus interest, in the manner designated by Defendant. https://casetext.com/case/allen-v-chanel-inc-1 https://casetext.com/case/allen-v-chanel-inc-1 Though she avoided criminal fraud charges, so I guess that's something?
- anonDisparage 8y agoContract includes a clause that any modifications are invalid unless initialed by an manager
- chatmasta 8y agoThis is a surprisingly effective tactic in any situation where the other party is more constrained by time than you are.