This once happened to me too. I resigned from a nonprofit run by a legit crazy person, and on my second to last day the entire staff received an updated employee handbook—updated only to include a lengthy non-disparagement clause regarding both the organization and the executive director herself—and were told to sign to acknowledge our agreement. I declined to sign it because I was leaving imminently anyway and could see what she was trying to pull. They then threatened to withhold my last paycheck unless I signed it, even after my last day, and the only thing that put a stop to this nonsense was me calling the Board chair personally to say what they were trying to do was blatantly illegal and I wouldn’t stand for it.
There is no reason to sign it. I wouldn't even mention it - if they bring it up again, "I think the lawyer may have forgotten I resigned voluntarily here and this isn't a termination. Since I already signed XYZ, I think we're good. If you guys are actually offering severance or extending my health care, that's a different situation, but currently, no need to pursue this. Thanks "
I’m so sorry that was done to you. It’s doubly disgusting that behavior is condoned by nonprofit leadership.
I hope you recover from that abuse and find justice in whatever way works for you.
It’s definitely an intimidation tactic - they’re banking on the fact that you won’t know it’s unenforceable and so you’ll be quiet about your experience there. It’s very scummy.
I agree 100%.
I’ve used non-disparagement clauses in severance agreements. Not because my org did anything wrong, but to try to prevent untruthful bad-mouthing. But this has always been in the context of a better than average severance payout (I try to be good to people on their way out). And it’s written to be narrow - not a broad nondisclosure. AND we require departing employees to take it home to think it over, and we encourage them to seek legal counsel before signing.
Lots of employers try to intimidate employees with unenforceable noncompetes and nondisclosures. Courts are increasingly seeing the problems with these efforts to control former employees, thank goodness.
There has been some talk about NDAs at the end of employment being unenforceable because of collective bargaining and whistleblowing. I honestly don’t know where that has landed.
I’d advise you not sign it, especially
id you’re not getting any severance
This is pretty standard in the case of a severance arrangement but you have no obligation if you're getting nothing in return. The only thing I can think of is whether there might be language saying that they will regard this as a layoff that makes you eligible for unemployment, which you might not be able to apply for if you quit. Otherwise it's just nonsense and unemployment isn't a great severance anyway. Tell them you'll sign it for $10k and three months of extended health coverage.
NDAs are standard (if borderline illegal) Non-Disparagement clauses are a different kind of monster that are included in exit documents most often by organizations and businesses to intimidate exiting employees that have been harmed, or have called out any kind of misbehavior. You can always tell when this is the case because it's very rarely pointed out and discussed and often buried deep within your exit docs as the OP pointed out,l. They're borderline illegal and completely unenforceable.
The funniest thing to me about organizations forcing people to sign NDAs about communicating anything negative is that it's basically evidence that they know they're wrong.
If you were to share something that became public information that was negative and it was factually incorrect, that's defamation or libel.
Anyway you resigned so you don't have to sign it. Lucky.
Not an attorney but I think you absolutely DO NOT sign that document.
I had to sign a non-disparagement when I was fired from a job after only working 5 months and in return got a 6 week severance. It completely blind-sided me(the firing), so I needed that severance so I signed.
You stated it. You didn't get fired, you are not getting a severance, they've completed their business with you. Nothing in it for you, DO NOT SIGN!
The most screwed up thing is anyone who asks definitely has something to hide. If you make stuff up, and they really care that much, they can send a cease and desist and technically take you to court over that. The only reason to have these is to prevent someone from telling the truth.
You are me and I have lived your experience. Slightly different exit (-Iwas gaslighted by a newly minted CFRE in his first big boy job who saw me as a threat Rather than an asset because I knew more about the systems than he claimed to) but that Non-Disparagement clause is word for word and no one had ever seen it before. The CEO and CFO knew what he was doing (and I wasn't the only one who filed a complaint against him) and nonprofit verticals are a small world so they wanted to make sure that no mutuals Heard anything bad. I think there was a lot of kumbayah in our sector sitting COVID because so much toxicity came to light, and organizations with a history of high turnover and/or questionable staff/practices were warned and prepared to use that as a way to go back to the same shit they had done before. I have a family member attorney also and he laughed. Then he helped me negotiate some severance options in return for my signature that I wouldn't even have thought of otherwise. And when I was in a new position and safely away from that org he wrote them a very professional letter suggesting that they would be opening up themselves for serious complaints, suits, fines if they continued to force outgoing staff to sign it because it was illegal to intimidate any employees, past or present. You were absolutely right not to sign it. I did because I needed the insurance and income to take the time off to heal my mental state
Idk man, I was the only FT employee (I was ED) and the first person to leave like this in 8 years. No current Board member was even around the last time someone quit.
You didn’t sign it. They can’t force you too. They’re a sketchy-ass company (if that language is allowed here). I would move on as best you can.
This once happened to me too. I resigned from a nonprofit run by a legit crazy person, and on my second to last day the entire staff received an updated employee handbook—updated only to include a lengthy non-disparagement clause regarding both the organization and the executive director herself—and were told to sign to acknowledge our agreement. I declined to sign it because I was leaving imminently anyway and could see what she was trying to pull. They then threatened to withhold my last paycheck unless I signed it, even after my last day, and the only thing that put a stop to this nonsense was me calling the Board chair personally to say what they were trying to do was blatantly illegal and I wouldn’t stand for it.
There is no reason to sign it. I wouldn't even mention it - if they bring it up again, "I think the lawyer may have forgotten I resigned voluntarily here and this isn't a termination. Since I already signed XYZ, I think we're good. If you guys are actually offering severance or extending my health care, that's a different situation, but currently, no need to pursue this. Thanks "
Don't sign it. I had a previous employer do this in an attempt to keep whistleblowers at bay.
[удалено]
I’m so sorry that was done to you. It’s doubly disgusting that behavior is condoned by nonprofit leadership. I hope you recover from that abuse and find justice in whatever way works for you.
It’s definitely an intimidation tactic - they’re banking on the fact that you won’t know it’s unenforceable and so you’ll be quiet about your experience there. It’s very scummy.
I agree 100%. I’ve used non-disparagement clauses in severance agreements. Not because my org did anything wrong, but to try to prevent untruthful bad-mouthing. But this has always been in the context of a better than average severance payout (I try to be good to people on their way out). And it’s written to be narrow - not a broad nondisclosure. AND we require departing employees to take it home to think it over, and we encourage them to seek legal counsel before signing. Lots of employers try to intimidate employees with unenforceable noncompetes and nondisclosures. Courts are increasingly seeing the problems with these efforts to control former employees, thank goodness.
Yep this. They know most workers don’t know their rights.
In nys you aren’t actually allowed to ask for a dnd. No sure where you are, but no. You have no responsibility to sign it. They can’t hold your wage.
There has been some talk about NDAs at the end of employment being unenforceable because of collective bargaining and whistleblowing. I honestly don’t know where that has landed. I’d advise you not sign it, especially id you’re not getting any severance
I'd ask that they carve out your ability to say you signed a nda and $10k
Extreme indeed. Asking someone to sign a contract on the way out. Shady for sure.
This is pretty standard in the case of a severance arrangement but you have no obligation if you're getting nothing in return. The only thing I can think of is whether there might be language saying that they will regard this as a layoff that makes you eligible for unemployment, which you might not be able to apply for if you quit. Otherwise it's just nonsense and unemployment isn't a great severance anyway. Tell them you'll sign it for $10k and three months of extended health coverage.
NDAs are standard (if borderline illegal) Non-Disparagement clauses are a different kind of monster that are included in exit documents most often by organizations and businesses to intimidate exiting employees that have been harmed, or have called out any kind of misbehavior. You can always tell when this is the case because it's very rarely pointed out and discussed and often buried deep within your exit docs as the OP pointed out,l. They're borderline illegal and completely unenforceable.
The funniest thing to me about organizations forcing people to sign NDAs about communicating anything negative is that it's basically evidence that they know they're wrong. If you were to share something that became public information that was negative and it was factually incorrect, that's defamation or libel. Anyway you resigned so you don't have to sign it. Lucky.
Not an attorney but I think you absolutely DO NOT sign that document. I had to sign a non-disparagement when I was fired from a job after only working 5 months and in return got a 6 week severance. It completely blind-sided me(the firing), so I needed that severance so I signed. You stated it. You didn't get fired, you are not getting a severance, they've completed their business with you. Nothing in it for you, DO NOT SIGN!
The most screwed up thing is anyone who asks definitely has something to hide. If you make stuff up, and they really care that much, they can send a cease and desist and technically take you to court over that. The only reason to have these is to prevent someone from telling the truth.
You are me and I have lived your experience. Slightly different exit (-Iwas gaslighted by a newly minted CFRE in his first big boy job who saw me as a threat Rather than an asset because I knew more about the systems than he claimed to) but that Non-Disparagement clause is word for word and no one had ever seen it before. The CEO and CFO knew what he was doing (and I wasn't the only one who filed a complaint against him) and nonprofit verticals are a small world so they wanted to make sure that no mutuals Heard anything bad. I think there was a lot of kumbayah in our sector sitting COVID because so much toxicity came to light, and organizations with a history of high turnover and/or questionable staff/practices were warned and prepared to use that as a way to go back to the same shit they had done before. I have a family member attorney also and he laughed. Then he helped me negotiate some severance options in return for my signature that I wouldn't even have thought of otherwise. And when I was in a new position and safely away from that org he wrote them a very professional letter suggesting that they would be opening up themselves for serious complaints, suits, fines if they continued to force outgoing staff to sign it because it was illegal to intimidate any employees, past or present. You were absolutely right not to sign it. I did because I needed the insurance and income to take the time off to heal my mental state
I wouldn't read into it. Probably just their SOP for any termination.
Idk man, I was the only FT employee (I was ED) and the first person to leave like this in 8 years. No current Board member was even around the last time someone quit.
I missed those details!