Should I agree to the terms of my severence package?

Question

I'll preface this by saying some of the practices at my company I find discriminatory towards women, which, unfortunately is an industry wide problem.

I was recently laid off (not because of discrimination I hope) and was given a severence package. My concern is with some of the language and I'm hesitant to sign away my rights for what I consider a meager sum of money.

I understand the agreement to not sue them and keeping trade secrets confidential. What I'd like to know is what can or can't I say or do, if the language also includes "the employee further agrees not to disparage or otherwise criticize the Company, its officers, directors, employees, shareholders, agents and representatives."

It's also unclear what constitutes "proprietary information". If it includes health benefits, company practices, etc.

I do need the money, but is it worth losing my voice? I'm a writer. My voice is very important to me. I'd appreciate any insight or advice.

It seems some of the responses assume my intention is to sue. That is not the case at all.

Like I said, I'm a writer. If for some reason I ever decide to publish an article or book or whatever about the difficulties women face in my career, will signing that agreement come back to haunt me if I were to use the company as an example?

I'm not yelling discrimination. I'm not saying I deserve more money or an explanation for why I was let go.

I simply want to know what exactly that language covers and if I would be protected by law for telling the truth, if i did sign. My question is a moral one: is the possibilty of influencing or changing unethical and discriminatory business practices worth more than me not getting severence pay?

Answer 1

This is a tough one.

For trade secrete I beleive you could be liable for civil damages if you share them regardless of signing. (i.e. copy write and pattent infringment amoung other possibilities.)

Like you, some of the language as you describe it sound kinda goofy.

Now for advice,
1. If you need the money, I ahve to believe you can find plenty to wriote about that would not break the agreement. Take the cash and start a new career away from this company. (perhaps in competition with it? Now that could be fun...)
2. If you don't need the money OR if the strictures sound to onerous and thus against your personnal beliefs, then don't sign it and surrender the severance package.

You are lucky in a way. Many careers paths and many jobs do NOT offer ANY severance packages.

Answer 2

Agreed that you do need to contact a lawyer to sort out what recourses you have. Once you sign those papers you more than likely will not have any way of making the company accountable for its actions. Don't sign until you are well aware of what their intentions are or were. Perhaps a letter of understanding asking for specifics and clarification. Most companies nowadays want to avoid lawsuits even though a great deal are justified, so will use the fact that you are financially in bind at this point. You may have a Human Rights lawsuit, don't jump, step back and look at it from an "outside" perspective. Companies tend to look at their bottom line $ not their most valuable asset the people (internal and external) and how lives are impacted. Curiousity if they are ethical, respected and trusted why the "defamation" and lawsuit clause. i realize that we live in a lets sue everyone society, but why worry about a reputation or lawsuits if they are on the up and up, if they are justified..makes you wonder?!.

Answer 3

Ok - first, you can't "disparage" the company anyway - that's probably grounds for a slander/libel lawsuit (I'm not an attorney, so I don't know the precise definitions of the two, but it makes sense to me). Likewise, trade secrets are secret no matter what you sign, presuming you signed something up front (which you probably did - it's pretty standard). Proprietary information is not too different from trade secrets.

As I said, though, I'm not an attorney. If I were you, I'd talk to an attorney before I signed this agreement, so that you TRULY know where you stand.

Good luck, and I hope the next job is better.

Answer 4

The situation is very easy.

Unless you have an employment contract which guarantees severence, the company is under no obligation to offer you anything.

Therefore, if you mark out any portion of it and send it back the company can toss it in the trash and lay you off anyway.

You can have an attorney advise you, but any alterations in the agreement are superfluous and as above, can void the agreement which will not affect the fact that the company can lay you off in any event.

From what you have posted here, the issues you outlined are standard boilerplate in all severence agreements I have crafted.

Answer 5

Most companies is either take it or leave it. You don't have a lot of room to divulge priviledged company info anyway, and that you probably signed off on when you were initially hired. Bottom line is unless you have a bona fide case where you can stand to gain much more than the severance, then take the severance.

Answer 6

Sounds like you should sit down with a lawyer and the agreement and get some specific advice.

Answer 7

You need to ask yourself these questions:
1. Do I have a civil or criminal case against my previous employers?
2. Do I need to write (since you are a writer) about my previous employer?
If the answer is no, then accept the deal.

Answer 8

Draw a line through the objectionable portions and initial the start and end of the line. Sign it and see what happens.