Agree. That's a godawful policy. For instance, "shall not....make any
statement that ....is derogatory of employer" means that they cannot
say "Wikimedia Foundation is not good at this". The reciprocal
agreement is just as bad. For instance, it only prevents "directory
senior officer[s] of Employer or member[s] of the Board of Trustees"
from criticizing the employee. It does not prevent, for instance,
independent contractors from being critical and disparaging of
employees, something that, according to some accounts that I've heard,
has been an issue before.
-Dan
On Apr 13, 2008, at 7:40 PM, Thomas Dalton wrote:
- begin quote
-
NON-DISPARAGEMENT AND CONSIDERATION. Both Employer and Employee
agree that the free and open exchange of ideas and information
among employees,
contractors, and agents of the Foundation is to be encouraged.
Employee agrees that, during the term of employment and for three
years thereafter, Employee shall not, in any
communications with the press or other media, or any customer, client
or supplier of
company, or any of company affiliates, ridicule or make any statement
that personally
disparages or is derogatory of Employer or its affiliates or any of
their respective directors,
trustees, or senior officers. Additionally, and in consideration of
Employee's covenants in
this agreement, no directory senior officer of Employer or member of
the Board of Trustees
of the Employer will, during the same time period, personally
criticize, ridicule or make any
statement that personally disparages or is derogatory of employee.
- end quote -
That's lawyerspeak for "You mustn't say bad things about your boss
(and vice versa)." I would never have signed that. It doesn't even
acknowledge the Whistleblowing policy, which is directly contradicts
(presumably that policy takes precedence, but I would have expected it
to be made explicit). The Whistleblowing policy only applies if what
you're complaining about is actually illegal. If you just think your
boss has been doing an appalling job, you're not allowed to do
anything about it. Saying untrue, or purely hurtful things is clearly
unacceptable, but anyone should be able to stand up and tell the truth
as they see it.
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