Close

Articles Posted in non-disparagement

Updated:

Non-Disparagement Clause Cannot Prevent Employee From Discussing Discrimination

Today, the New Jersey Supreme Court ruled that the New Jersey Law Against Discrimination (“LAD”) prohibits non-disparagement agreements that have the impact of preventing an employee from discussing the facts of their discrimination, harassment or retaliation claim. Non-disparagement clauses are very common in settlement agreements in employment law cases.  Typically,…

Updated:

Non-Disparagement Clauses Do Not Violate New Jersey Law Against Discrimination

Last week, in Savage v. Township of Neptune, the Appellate Division ruled that a 2019 amendment to the New Jersey Law Against Discrimination (“LAD”) does not prohibit parties from entering into non-disparagement clauses. The Appellate Division’s opinion involved Christine Savage, a Sergeant for the Township of Neptune Police Department.  Sgt.…

Updated:

Backlash Against Non-Disparagement Clauses

It has become extremely common, if not standard practice, for employers to include non-disparagement clauses in settlement agreements and severance packages they offer to their former employees.  These provisions prohibit employees from saying anything negative about their former employers.  They are extremely broad, since they prohibit true but negative statements…

Contact Us