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On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them.
This could have been avoided.
In this case, the nondisparagement provision stated that it was “intended to be as broad as possible and to include the written publication of any information related to [the company], [its] business, [its] partners, owners, employees, agents, or services, whether true or untrue.” Additionally, it expressly forbade former employees from “calling, making personal contact with or, emailing any employee of