non disparagement clause

My girlfriend was fired and i posted a 1 star review of the business, no they are
telling her she is in violation of their non-disparagement contract. She didn’t
post the review I did and it has my name on it.

Is she responsible for my post??

Asked on March 15, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If she did not post it, she is not legally responsible for it--she is not responsible for what other people do truly independently of her. But that doesn't mean they may not try to take legal action against her if they believe that either 1) she posted using your name or account; 2) you posted, but posted what she told you to post, so you are basically acting as her "secretary"; and/or 3) you only posted because she disparaged them to you, which itself could easily be a violation. If they could reasonably show that 1) - 3) occured, then yes--she could be held in violation. If your post included any information that only she would know (i.e. that you would not know unless you worked there), that could be used to show that she was behind the post.


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