The Town of Normal separation agreements look different depending on the employee. Now, you might ask yourself: Can Government even make non-disclosure agreements?
This question isn’t just arising amidst the Normal Separation Agreements… The Trump campaign sued former staffer Omarosa Manigault Newman for allegedly violating a nondisclosure agreement she signed when she joined the campaign. The Trump administration used to try and get White House staff to sign similar agreements prior to employment.
Now in Normal NDAs are a little different because former employees sign these separation agreements upon leaving, not pre-employment.
“Offering a separation agreement is something employers do when necessary to separate the employment arrangement between an employee and the employer. You’ll note that some of the attached documents indicate “involuntary separation” which indicates it was not the employee’s choice to leave,” said City Manager Pamela Reece.
“The courts have also said that those First Amendment rights that government employees possess post-employment in particular cannot be contractually given away,” said Mark Zaid, an attorney who specializes in national security and these kinds of contracts, in an interview with journalist William Brangham.
In the past, the Town eliminated a number of positions.
“Those former employees executed separation agreements,” said Reece. “Clearly that’s not a pleasant time for any employee or employer to go through.”
This unpleasant time may be the reason for a non-disparagement clause. The clauses different between employees. Robert Miller sign a Separation Agreement that stated: “Non-Disparagement, recommendation”
Now Eugene Long has a clause that reads: “Non-Disparagement, neutral reference”
Both clauses have different criteria and explanations attached. So now another question on top of the: “Can Government even make non-disclosure agreements?” question arises.
Why are the non-disparagement clauses different for every employee?
“Long and Miller separation agreements were addressed independently. The executed agreements reflect the language that was accepted between the employer and employee at the time and voluntarily executed,” said Reece.
According to Reece, who signs separation agreements with the former employee, each separation agreement is addressed as needed and each person is directed to seek legal counsel prior to executing.
“The documents were then executed voluntarily by the former employees,” said Reece.
Regarding separation benefits, each agreement identifies the benefits the former employee received upon separation.
“Like any responsible employer, the Town handles employee/employer separations with as much grace and respect as possible,” said Reece.
