Nondisparagement

June 9, 2024 by mjpospis

NJ Supreme Court Holds “Non-Disparagement” Provision in Employment Discrimination Agreement Was Unenforceable as Against Public Policy

In Savage v. Township of Neptune, 313 A.3d 65, 257 N.J. 204 (N.J. May 7, 2024), the New Jersey Supreme Court held that under the New Jersey Law Against Discrimination (LAD), the non-disparagement provision at issue was unenforceable against public policy. From the decision: In this appeal, we consider whether a “non-disparagement provision” in a…

Sexual Harassment Claims Dismissed in Light of Settlement Agreement and General Release; Defendant’s Actions Did Not Violate “One Sided” Confidentiality and Non-Disparagement Provisions

In Chandler v. Houghton Mifflin Harcourt Publishing Co. et al, 2018 WL 357294 (N.D.N.Y. Jan. 10, 2018), the court dismissed plaintiff’s claims of, inter alia, sexual harassment. In an attempt to evade dismissal, plaintiff argued that the terms of the Separation Agreement and Release she executed “have been invalidated due to the actions of Defendant”…