Would you sign a non time bounded disparagement clause?

Uber
willyd

Go to company page Uber

willyd
Jul 17, 2019 12 Comments

I'm leaving my current company (a series A start-up, not Uber), and they're asking me to sign a departure contract. Most of it is pretty standard, but there's a clause which states that I can't make any disparaging remarks against the company or they can claim back a lump sum and that that doesn't limit their rights to any other claim.

I don't plan on making any such remarks, but crucially, there's no time bound for this clause, which effectively makes it for life.

Is this normal? An I justified in asking for this to be time bounded, or asking for a mutual clause? Should I just sign it knowing that it'll likely never be enacted?

I need to leave on good terms to ensure I get a stock option extension agreement, and this is purely at the behest of the founders to grant.

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TOP 12 Comments
  • Why not ask them to remove the clause? Most likely it’s to try to stop women from speaking out when they get sexually harassed
    Jul 17, 2019 0
  • Uber
    marg

    Go to company page Uber

    marg
    What if you don't sign it? They don't let you quit?
    Jul 17, 2019 1
  • Amazon
    Waze

    Go to company page Amazon

    Waze
    Why would a company need a disparage clause if they haven't done anything wrong? Trying to strong arm employees to shut up this way in itself means it's a horrible company. Please name an shame.
    Jul 17, 2019 0
  • Airbnb
    Daswea

    Go to company page Airbnb

    Daswea
    Don’t sign anything unless your stock option extension is in the same agreement, otherwise you will get nothing and will be unable to complain publicly about it. And get a lawyer to go over it all.
    Jul 17, 2019 0
  • Lyft
    uRNu10

    Go to company page Lyft

    uRNu10
    Presumably the option extension agreement has a time period attached, I would push hard to make this clause have the same time period.
    Jul 17, 2019 4
    • Lyft
      uRNu10

      Go to company page Lyft

      uRNu10
      I also agree with the poster below who says to have the option extension be part of the same agreement. Basically this should be the consideration the company gets, the extension should be what you get.

      Also can you elaborate on what clawback the company has here? Is it the options? Or are you getting some kind of severance for some reason?
      Jul 17, 2019
    • Uber
      willyd

      Go to company page Uber

      willyd
      OP
      Severance is pretty minimal, just the notice period. Not a big deal. The leverage is that my contract states a 90 day expiration for the options without the extension. I definitely can't afford to exercise the options within the 90 days, and really don't want to lose them.
      Jul 17, 2019