Separation Agreement Confidentiality Clause

In its broadest form, a confidentiality clause prohibits former employees from disclosing business or business secrets with people who do not yet have access to that information. In addition, confidentiality rules generally require you not to “use” the secret information you received for your former employer during your work. If you were z.B. a seller who relies on a client list generated by the company to make sales, you certainly shouldn`t use that list to create your own customer base. It is a one-way street. You can also negotiate for a clause that limits that, within the employers` organization, knows the terms of your agreement, perhaps to those who have specific positions such as senior management or in limited departments such as human resources. These provisions may be vague, but if this protection is particularly important to you, you can negotiate a provision that Tom at the front desk or Judy in the shipping room does not know the salary structure of your severance contract or other personal data. In all likelihood, you have a confidentiality clause in which you agree to keep the secret both on the fact that you have a severance agreement and on the specific terms and conditions. Your former employer wants to keep this a secret, as knowledge of your agreement can undermine its bargaining position vis-à-vis other employees. This clause generally prohibits you from disclosing information about your severance pay, but you will often find that it allows you to share information with your spouse, lawyer, tax advisor or any other financial agent. As a general rule, all information you can share must be accompanied by the restriction that the agreement is confidential. Note that what some agreements call “non-disclosure” may be characterized as “confidentiality” by others. If used in this sense, the confidentiality rules address this specific agreement not to disclose the agreement.

However, employers are more likely to discuss the confidentiality of all information obtained by a former worker through a employment relationship. Let`s get to that clause. Can your former employer denigrate you? When the employer develops a severance contract, this clause is usually only for your denigration of the employer. But you can and must negotiate for mutual non-disappearance. The way an employer talks about you could easily affect your future job prospects. Therefore, you should protect yourself from negative comments your employer may make about you, either by negotiating for non-mutual disparage or by including a neutral reference provision in your agreement.