In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of non-disparagement clauses in separation agreements. They explain the difference between disparagement and defamation and emphasize the importance of careful drafting to ensure enforceability. The conversation includes practical considerations on maintaining positive communication, protection from damaging opinions, and the necessity of a structured messaging plan when employees depart.

00:00 Introduction to Non-Disparagement

01:02 Understanding Disparagement vs. Defamation

01:51 Non-Disparagement in Separation Agreements

02:54 Practical Considerations and Internal Communication

04:25 Conclusion and Final Thoughts