There's a difference between "does the WMF generally include
non-disparagement and non-disclosure clauses in separation agreements" and
"how many separation agreements include non-disparagement and
non-disclosure clauses". One is general, and the other is specific; the
first can likely be answered, but the second is getting into "personal
information" territory. While I know there has been a definite and
reasonable concern about the frequency and nature of departures over the
last several months, we are still talking about a small number of very
publicly identified individuals.
Just as importantly, those clauses tend to go both ways - in that the WMF
may also be bound not to disclose them too, as part of the individual
separation agreements. They tend to be built right into some employment
contracts with 'golden parachute' clauses, for example. As well,
separation agreements are much less common when people resign as opposed to
- shall we say - being monetarily urged to look for other opportunities
elsewhere; identifying the actual number may reveal the circumstances under
which some people left the organization, which can have a serious impact on
their future earnings and ability to secure future employment.
Risker/Anne
On 14 March 2016 at 13:37, Nathan <nawrich(a)gmail.com> wrote:
We need to distinguish between the personal and
private details of
individuals and the policies of the WMF around management of employees. It
should be clear to everyone that employee satisfaction, retention, dispute
management and other issues of personnel management are central to the
controversies of the last few months. It's disingenuous to argue that these
matters must all be off-limits for public discussion simply because they
fall under the umbrella of "HR." Having said that...
The names of the people who have left may be public; whether they accepted
a severance package or not obviously is not and should not be publicized
except willingly by them. It is relevant and useful information for the
rest of us to understand if severance agreements have been packaged with
non-disparagement clauses that could prevent negative but highly topical
and timely information from being released. We can probably infer that this
is the case from the profound silence emanating from most departed
employees, but it would be nice to know for sure if money and benefits were
used to insulate Lila or others from the effects of serious mismanagement.
On Mon, Mar 14, 2016 at 1:01 PM, Risker <risker.wp(a)gmail.com> wrote:
Actually, no, you probably can't ask that
question either - because the
names of the individuals who have departed are pretty much all publicly
known. (There's even a timeline in which all their names are mentioned,
linked from news articles and other "external" locations.) In many
jurisdictions, it is potentially illegal for employers to disclose such
information; many would feel it unethical for an employer to disclose the
departure conditions absent a mutual agreement between the employer and
the
departed. California human resources law would
allow for a civil suit
that
could result in a large settlement, either
individually or as a group
(think high-tech employees lawsuit). This is an area where
"transparency"
very definitely intersects with the privacy
rights of those individuals
who
are directly affected. Privacy should win.
Risker/Anne
On 14 March 2016 at 12:50, Nathan <nawrich(a)gmail.com> wrote:
It's an easy question to ask in a
non-specific way:
In the last six months, has the WMF approved severance agreements with
departing employees with language that, in effect, prevented them from
publicly criticizing the WMF, its management or the Board on matters of
public interest?
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