In order to receive a severance package our son must sign a "non-disparagement clause" ( ie neither he nor his family can badmouth company).
Question Details:Our son has been working for a computer consulting company for one year. All of his reviews for that time were excellent. Because of some health problems, he went to doctors and was diagnosed with deep depression. He went to his bosses, explained what was going on, offered to take fewer hours and less money while he got better. He had a letter from his doctor urging them to keep him working, but lessening his work load. Instead, this company made him take disability leave. They did not work with him at all and then let him go. They gave him a "severance" package only if he will sign an agreement for him not to "bad mouth" this company or for us - his parents, in-laws, brothers, etc. I'm pretty sure this isn't legal, but if he signs it, can we be held liable to an agreement like that? Is our son liable if one of his family says something bad? He has not signed the agreement yet.
I am a lawyer in CT and practice in this area of the law. Non-disparagement clauses are very common in business when employees leave. Consideration is given to the employee in the form of money to for his agreement not to say bad things about the company or ruin its reputation. I do not think that you son has any grounds to claim that this clause if unenforceable. I think that he may have a better claim regarding being forced to leave as a result of his health- i.e. a discrimination claim based on the fact that they decided to get rid of him due to his disability. I suggest that he hire a lawyer to review the facts of his claim in more detail.
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