non disparagement clause

UPDATED: Mar 15, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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