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Non Disparagement Employment Agreement

Non Disparagement Employment Agreement Template for New Zealand

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Key Requirements PROMPT example:

Non Disparagement Employment Agreement

"I need a Non Disparagement Employment Agreement for my tech startup based in Auckland, to be implemented for all new employees starting from January 2025, with special attention to social media restrictions and protection of our intellectual property."

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Document background
The Non Disparagement Employment Agreement is typically implemented in New Zealand employment relationships where protecting organizational reputation is crucial. It is commonly used when onboarding new employees or during employment contract updates, particularly in sensitive positions or public-facing roles. The agreement must comply with New Zealand's employment law framework, including the Employment Relations Act 2000 and Protected Disclosures Act 2022. While protecting the employer's interests, it must maintain employees' rights to raise legitimate grievances, make protected disclosures, and participate in legal proceedings. The document typically includes specific definitions of disparagement, scope of prohibited communications, permitted exceptions, and enforcement mechanisms.
Suggested Sections

1. Parties: Identifies the employer and employee entering into the agreement

2. Background: Sets out the context of the agreement, including the employment relationship and purpose of the non-disparagement provisions

3. Definitions: Defines key terms including 'disparagement', 'confidential information', and scope of 'public statements'

4. Duration: Specifies how long the non-disparagement obligations remain in effect, including post-employment period

5. Non-Disparagement Obligations: Details the specific obligations of the employee regarding statements about the employer, its officers, employees, and business

6. Permitted Communications: Specifies exceptions where communications are allowed, such as legal proceedings or regulatory requirements

7. Social Media and Online Communications: Addresses specific obligations regarding social media posts and online communications

8. Breach and Remedies: Outlines consequences of breaching the agreement and available remedies

9. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

Optional Sections

1. Mutual Non-Disparagement: Include when the employer also agrees to non-disparagement obligations toward the employee

2. Consideration: Include when specific consideration is being provided for the non-disparagement obligations

3. Survival Clause: Include when certain obligations need to survive the termination of employment

4. Third Party Rights: Include when protection extends to related entities, officers, or other specified individuals

5. Dispute Resolution: Include when specific dispute resolution procedures are desired before legal action

6. Confidentiality of Agreement: Include when the terms of the agreement itself should remain confidential

Suggested Schedules

1. Schedule 1 - Protected Parties: List of specific individuals and entities protected by the non-disparagement provisions

2. Schedule 2 - Prohibited Communications: Examples of specific types of communications that would constitute disparagement

3. Schedule 3 - Social Media Platforms: List of specific social media platforms and online forums covered by the agreement

4. Appendix A - Acknowledgment Form: Form for employee to acknowledge understanding and acceptance of obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















Clauses























Relevant Industries

Technology

Financial Services

Professional Services

Healthcare

Media and Entertainment

Retail

Education

Manufacturing

Telecommunications

Consulting

Legal Services

Real Estate

Hospitality

Non-Profit Organizations

Government Agencies

Relevant Teams

Human Resources

Legal

Public Relations

Marketing

Communications

Executive Leadership

Sales

Customer Service

Business Development

Operations

Finance

Information Technology

Relevant Roles

Chief Executive Officer

Senior Manager

Public Relations Manager

Marketing Director

Sales Representative

Customer Service Representative

Human Resources Manager

Department Head

Executive Assistant

Communications Officer

Brand Manager

Social Media Manager

Business Development Manager

Project Manager

Technical Lead

Research Director

Financial Controller

Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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