Are Nondisparagement Agreements Silencing Employee Complaints? (cnbc.com)

cdreimer writes, "According to a report in the New York Times, 'nondisparagement agreements are increasingly included in employment contracts and legal settlements' to hide abuses that would otherwise be made public." The Times reports: Employment lawyers say nondisparagement agreements have helped enable a culture of secrecy. In particular, the tech start-up world has been roiled by accounts of workplace sexual harassment, and nondisparagement clauses have played a significant role in keeping those accusations secret... Nondisparagement clauses are not limited to legal settlements. They are increasingly found in standard employment contracts in many industries, sometimes in a simple offer letter that helps to create a blanket of silence around a company. Their use has become particularly widespread in tech employment contracts, from venture investment firms and start-ups to the biggest companies in Silicon Valley, including Google... Employees increasingly "have to give up their constitutional right to speak freely about their experiences if they want to be part of the work force," said Nancy E. Smith, a partner at the law firm Smith Mullin.
Three different tech industry employees told the Times "they are not allowed to acknowledge that the agreements even exist." And Google "declined to comment" for the article.

Comments

Double Down

[Anonymous Coward]

Ann Lai, a former employee, said in her lawsuit filed in San Mateo Superior Court in California that she had complained to her bosses about sexism, discrimination and inappropriate behavior in the workplace, and that Binary used the nondisparagement provision in her employment contract to threaten her and prevent her from talking about why she had quit her job.

If these threats come in, it is time to double down.

Call the police to report the sexual harassment AND file a lawsuit.
Both of these (reporting a crime to the police and filing a lawsuit) are immune to any silly non-disparagement clause.

An anonymous tip to local and national media reporters about the court docket where the case was filed?
That's just the icing on the cake.

Re:Double Down

[Pollux]

Call the police to report the sexual harassment AND file a lawsuit.

Say someone did. These are only allegations made against the employer. Nothing is proof of fact.

Then when it comes to the lawsuit, corporate will bring its high-priced lawyers who are paid to know everything about corporate law. Up against that Goliath, most everyone chooses to settle. And in that settlement agreement? A non-disclosure clause.

So when the New York Times tries to write a story about what happened, all they can say was "According to public records, an allegation was made against the employer. A settlement was reached regarding the allegation. Neither side is commenting on the matter."

Who said anything about a crime?

[Roger W Moore]

No reasonable judge would let you sue someone for reporting a crime.

What guarantee do you have that you'll get a reasonable judge? Besides, who said anything about a crime? It is entirely possible for companies to engage in highly unethical, but completely legal, activity e.g. hiring child labourers in third world sweat shops to make their products which now does not happen because it was brought to the publics attention. Zero hour contracts are another example.

Large companies are beginning to have as much power over our lives as governments and this means that they need to start having the same limits on that power as a government.

Right ot not right?

[petes_PoV]

Employees increasingly "have to give up their constitutional right to speak freely about their experiences if they want to be part of the work force,"

It would seem that the U.S. has a pretty poor constitution if it can be superceded by contract law.

Isn't the whole point of a country's constitution that it stands above all "lesser" principles and laws.

Re:No

[drinkypoo]

The simple, obvious solution is not to work for companies that have such an agreement.

So what do you say to someone who has offers only from such companies? Live on the street and starve?