extent of non-solicit / "encourage departure"

[MAnonsolicit]

What is the name of your state? MA

I was recently laid off and part of my severance agreement states that for 12 months following my departure I cannot "encourage the departure" of any of the company's employees.
How far does the terminology "encourage the departure" extend? If an employee has already decided to leave and gives my name to a potential employer as a reference, if the potential employer contacts me, is providing a reference violating my severance agreement?

What about endorsements on sites such as LinkedIn? If I have endorsed/recommneded the work of a former co-worker, could that be viewed as "encouraging the departure" of an employee?

Thanks.

 

[xylene]

You can always be sued.

Doesn't mean you will lose...

The extent to which these thing would be pursued as a violation of your agreement will depend on lots of things. Perhaps most importantly

#1 Is the company P.O.ed at you?

#2 Are you trying to head hunt at old job?

If you are worried, avoid all contact.

PS LinkedIn is nothing but a good way to get your identity stolen.

 

[Betty]

You might want to have your agreement reviewed by an employment attorney to see what they believe constitutes a violation of the agreement.