What is the name of your state (only U.S. law)? CA
I work for a small social media company who recently decided to update its employee handbook. No problem, I'm fine with agreeing to an updated employee handbook as regularly happens with businesses but my issue lies with a new provision in it of a Non-Disparagement clause; a clause agreeing to damages in the amount of $100,000 should a written or oral disparagement ever occur of the company or its owner in perpetuity. The way this updated employee handbook was presented to us NEVER made mention of this fact, even in our daily afternoon company-wide team meetings where over communication on the day's events is stressed. Rather, updates to the employee dress code were clearly communicated to the office in the updated employee handbook by the CEO as being part of the "minor changes" made in the handbook including the use of open toed shoes and tank tops.
I personally feel a $100,000 damages agreement attached to a non-disparagement clause is definitely a big deal. The fact this point was at no time verbally mentioned to the office leads me to believe it was willfully done so in hopes employees would not find out about it. My question is, should I sign onto this updated employee handbook? Is a Non-Disparagement clause inclusion even a legal addition to an employee handbook (will it uphold in court)? There are increasing demands from upper management to sign the new employee handbook (hourly email reminders from HR in fact) and I feel I'm being pressured to do so. Keep in mind I'm a regular at will employee (salaried and hourly employees work here) in the state of California.
I work for a small social media company who recently decided to update its employee handbook. No problem, I'm fine with agreeing to an updated employee handbook as regularly happens with businesses but my issue lies with a new provision in it of a Non-Disparagement clause; a clause agreeing to damages in the amount of $100,000 should a written or oral disparagement ever occur of the company or its owner in perpetuity. The way this updated employee handbook was presented to us NEVER made mention of this fact, even in our daily afternoon company-wide team meetings where over communication on the day's events is stressed. Rather, updates to the employee dress code were clearly communicated to the office in the updated employee handbook by the CEO as being part of the "minor changes" made in the handbook including the use of open toed shoes and tank tops.
I personally feel a $100,000 damages agreement attached to a non-disparagement clause is definitely a big deal. The fact this point was at no time verbally mentioned to the office leads me to believe it was willfully done so in hopes employees would not find out about it. My question is, should I sign onto this updated employee handbook? Is a Non-Disparagement clause inclusion even a legal addition to an employee handbook (will it uphold in court)? There are increasing demands from upper management to sign the new employee handbook (hourly email reminders from HR in fact) and I feel I'm being pressured to do so. Keep in mind I'm a regular at will employee (salaried and hourly employees work here) in the state of California.
