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ERIC Number: EJ1166796
Record Type: Journal
Publication Date: 2017
Pages: 36
Abstractor: ERIC
ISSN: ISSN-0896-5811
Nondisparagement Clauses in Severance Agreements: A Capstone Contracts Exercise
Murphy, Tonia Hap
Journal of Legal Studies Education, v34 n1 p5-40 Win 2017
Nondisparagement clauses are common in severance agreements. They are "boilerplate," "routine." They are "used across all industries, in companies of all sizes and with employees at any position within the organization, although they are more common with higher-ranking employees or when mass layoffs occur. Companies may be especially inclined to seek nondisparagement clauses when employees leave amid controversy or on bad terms. Following an introduction, this article reviews cases concerning nondisparagement clauses in severance agreements, highlighting key legal issues. The author examines nondisparagement clauses in other types of contracts, where they may violate relevant employment or consumer protection statutes. Drawing on this background, the author describes a brief capstone exercise for an introductory business law or legal environment course, focusing on the questions presented above as a means for reviewing and enhancing students' understanding of contract law and policy, employment law, and free speech rights.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A