dajol
06-07-2008, 07:24 PM
Pasted below is an e-mail from my employer attorney (name removed for confidenciallity purposes).
Upon signing the agreement, I never discussed the agreement or anything relaled to anyone however, I discussed part of my ordeal before I signed the agreement. was I bound not to do so before I signed the agreement?
My employer's director of HR and their attorney made false allegation I perceived as another set of realiation against me after I signed the agreement, is it a forfeiture of the agreement, is it possible to petition the Department of Labor to reopen the DLSE complaint?
Re:
"I am informed that you have had discussions with at least one, if not more, current employees of ************* regarding the terms of your settlement agreement with **************.
As you know, the settlement agreement which you executed was conditioned upon a strongly-worded confidentiality and non-disparagement provision. These provisions state as follows:
"7. Confidentiality
a. Plaintiff hereby states, represents, warrants, and agrees that the terms and conditions of this Agreement and each and every document and communication regarding this Agreement, including, but not limited to, the fact of and the amount of the consideration required herein, are strictly confidential. Plaintiff agrees that he will not seek nor promote publicity nor cooperate in any efforts to promote or publicize any of the terms or conditions of this Agreement.
b. Plaintiff further agrees that, except as provided in this paragraph, he will not:
(1) communicate, discuss, disclose, disseminate, or publish the consideration made by Defendant, or (2) communicate, discuss, disclose, disseminate, or publish the fact that Plaintiff has received consideration from Defendant as a result of this Agreement. Upon inquiry, Plaintiff shall respond in substance by stating only that "this matter has been resolved." Plaintiff expressly agrees that he has received full and fair consideration for the promises made in this Agreement. Notwithstanding the foregoing, Plaintiff may communicate the terms of this Agreement if compelled by subpoena or as otherwise required by law. Plaintiff may also communicate the terms of this Agreement to his legal counsel, tax advisors and accountants, provided that Plaintiff first advises them of the confidentiality provisions of this Agreement and secures their agreement not to communicate, discuss, disclose, disseminate, or publish the terms and conditions of this Agreement.
8. Non-Disparagement
Plaintiff and ******** further agree that they will do nothing to disparage each other in any communications after executing this Agreement. Plaintiff and ********* represent that they will not either orally or in writing, make defamatory or otherwise injurious statements concerning Defendant or Plaintiff's employment relationship with Defendant to anyone, including but not limited to current or future employees, current or future employers, suppliers, vendors, customers or potential customers of Defendant, to the press, or to any other party. For purposes of this Agreement, "writing" shall be defined to include, but is not limited to, e-mail, instant messages, postings in chat rooms and/or on web sites, and all other forms of electronic communication. For purposes of this Paragraph only, the term "********" shall mean senior management personnel (i.e., personnel with the title of Director and above) only. This provision is a material, essential and indispensable condition of this Agreement."
The consequences of violating these provisions are significant. Please abide by the obligations set forth in the settlement agreement. We will not hesitate to aggressively pursue our clients' interests in filing action(s) against you to recover damages.
Thank you
Upon signing the agreement, I never discussed the agreement or anything relaled to anyone however, I discussed part of my ordeal before I signed the agreement. was I bound not to do so before I signed the agreement?
My employer's director of HR and their attorney made false allegation I perceived as another set of realiation against me after I signed the agreement, is it a forfeiture of the agreement, is it possible to petition the Department of Labor to reopen the DLSE complaint?
Re:
"I am informed that you have had discussions with at least one, if not more, current employees of ************* regarding the terms of your settlement agreement with **************.
As you know, the settlement agreement which you executed was conditioned upon a strongly-worded confidentiality and non-disparagement provision. These provisions state as follows:
"7. Confidentiality
a. Plaintiff hereby states, represents, warrants, and agrees that the terms and conditions of this Agreement and each and every document and communication regarding this Agreement, including, but not limited to, the fact of and the amount of the consideration required herein, are strictly confidential. Plaintiff agrees that he will not seek nor promote publicity nor cooperate in any efforts to promote or publicize any of the terms or conditions of this Agreement.
b. Plaintiff further agrees that, except as provided in this paragraph, he will not:
(1) communicate, discuss, disclose, disseminate, or publish the consideration made by Defendant, or (2) communicate, discuss, disclose, disseminate, or publish the fact that Plaintiff has received consideration from Defendant as a result of this Agreement. Upon inquiry, Plaintiff shall respond in substance by stating only that "this matter has been resolved." Plaintiff expressly agrees that he has received full and fair consideration for the promises made in this Agreement. Notwithstanding the foregoing, Plaintiff may communicate the terms of this Agreement if compelled by subpoena or as otherwise required by law. Plaintiff may also communicate the terms of this Agreement to his legal counsel, tax advisors and accountants, provided that Plaintiff first advises them of the confidentiality provisions of this Agreement and secures their agreement not to communicate, discuss, disclose, disseminate, or publish the terms and conditions of this Agreement.
8. Non-Disparagement
Plaintiff and ******** further agree that they will do nothing to disparage each other in any communications after executing this Agreement. Plaintiff and ********* represent that they will not either orally or in writing, make defamatory or otherwise injurious statements concerning Defendant or Plaintiff's employment relationship with Defendant to anyone, including but not limited to current or future employees, current or future employers, suppliers, vendors, customers or potential customers of Defendant, to the press, or to any other party. For purposes of this Agreement, "writing" shall be defined to include, but is not limited to, e-mail, instant messages, postings in chat rooms and/or on web sites, and all other forms of electronic communication. For purposes of this Paragraph only, the term "********" shall mean senior management personnel (i.e., personnel with the title of Director and above) only. This provision is a material, essential and indispensable condition of this Agreement."
The consequences of violating these provisions are significant. Please abide by the obligations set forth in the settlement agreement. We will not hesitate to aggressively pursue our clients' interests in filing action(s) against you to recover damages.
Thank you
