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Have ee sign a letter...

lnelsonlnelson 670 Posts
in HR & Employment Law Vote Up0Vote Down
We will be terminating an ee (not going to be pleasant) who has alot of correspondence (verbal & written) with our customers. In fact she may go and work for one of our biggest customers.

Can we have the ee sign something to the affect that she can not bad mouth or make derogatory comments toward our company with any of our customers/vendors.

Our policies do not go into this at all, what can we do?

HELP ASAP!!!

Lisa x:-/
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Comments

  • 3 Comments sorted by Votes Date Added
  • mwild31mwild31 1,441 Posts
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    You could, but talk to your attorney first, offer the ee a severance package & in order for them to receive the package, have them sign a non-disparagement agreement. A lot of times, the non-disparagement agreements are used for high level exec.'s and not necessarily (don't mean this in a bad way) the rank and file ee's. You and your attorney can best determine if it's worth it to spend the dollars given this ee's position in the company & future potential damage. If you go the agreement route, you and your attorney need to make sure it's clear in the agreement that the ee is given enough time to consider it, consult with their own attorney and it is not unduly coercive. Just and idea...
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  • NM _TomNM _Tom 69 Posts
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    Agree with the above... In order for it to be enforceable, you need to give them something in return. (lawyers call it consideration) It doesn't need to be called severance it could just be 2 months pay or 6 months pay, whatever... Get more than a non-disparagement remarks clause- get a full release of all claims and a confidentiality clause. If the ee is over 40 yrs old they get 21 days to consider such a request and 7 days to revoke once they have signed.
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    Your legal counsel can help you decide how much "consideration" is needed, but it must be something additional.......... Something that she will not otherwise be entitled to. It will likely take a sizeable amount to achieve your objective, but keep in mind that trying to enforce something like this is also difficult and expensive. Letting her depart and taking a cheap shot ot two may be the extent of her malice. The organization can still proceed with libel or slander charges if she goes overboard........ good luck
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