Legal Question in Employment Law in California
Hello, I signed a separation agreement that ends my job on Dec 1st. However, I will be going to work until then. The separation agreement is for about $8,000 as a "settlement" that I receive if i abide by what's in the contract. There is a non-disparagement section of the document I signed, as well as a section about confidentiality. My boss wants me to tell the entire company in a meeting that it was amicable and mutual, when it truly wasn't. Can he force me to do this? Would not saying anything to my colleagues be a form of disparagement? If I say I don't want to say anything, can he fire me for this and not have to pay the $8,000? The reason he wants me to tell everyone that its mutual is because I'm very well respected at my office and do a good job, so his reputation will suffer if people find out.
1 Answer from Attorneys
If there's a confidentiality clause in the agreement, you and he must abide by it, and not say anything, other than that the matter has been resolved. It probably would be best to steer clear of discussing your departure with anyone, unless this disclosure to a company-wide meeting was in the agreement.
As you have an agreement and, presumably, there is no provision for the disclosure, he would have to pay you the money on the agreed date, and your refusal to discuss it would be consistent with -- and not breach -- the agreement.