Safety & HCM Post

Employee Must Pay $11K for Trashing Ex-Employer on Website

A software firm claimed that the highly negative review an ex-employee posted anonymously on the website violated the non-disparagement clause of her severance release. The employee claimed the clause was unenforceable and violated her freedom of expression. The court sided with the employer. In promising not to say anything negative about the firm and receiving consideration, i.e., something of value for doing so, the employee waived her expression rights. Result: She had to pay the company $10,000 for “moral prejudice” and $1,000 in exemplary damages for violating her agreement [Digital Shape Technologies Inc. c. Walker, 2018 QCCS 4374 (CanLII), Oct. 9, 2018].

Bongarde Editorial

Bongarde Editorial

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