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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.
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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.