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An Employee Termination Settlement May Not Be Able to Stop a Former Employer from Making Disparaging Remarks

In the case of Green v. CDO Technologies, Inc., 2021-Ohio-1603, Ohio’s Second District Court of Appeals held that a former employer retains the right to make disparaging comments about a former employee to potential future employers if the former employer did not waive the right to do so in a settlement agreement.

Green argued that in the settlement agreement, with CDO Technologies (“CDO”), CDO agreed to write a letter of recommendation, and by making disparaging remarks CDO violated that portion of the agreement.

The Appellate Court found that Green had no actionable claim because in the settlement agreement was a fully integrated document that did not expressly contain a “no disparagement” clause.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

 

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