How do we feel about agencies gatekeeping severance packages behind NDAs?

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It’s business and normal. Negotiate your best deal. And side note: the best time to negotiate severance is when you are being hired.

likehelpful

When I started my new role/new holding company I negotiated a 4 month severance plus some extras given the risk I was taking leaving my old job where I had tenure and stability.

likehelpful

This is why employment lawyers exist

likesmart

I was laid off from WPP in 2019. My severance required I not disclose any of the details surrounding my separation from the company or any client data I had. Had I not signed the NDA I wouldn’t have received any severance

likehelpful

For how long?

Also speak with a lawyer but there are some things severance agreements do not protect an agency for. Illegal activity, violations of protected classes, whistleblowing, etc.

If you were discriminated against for those reasons talk to a lawyer otherwise severance agreements are standard.

likesmart

Thank you, that’s good to know

I do know people who declined their severance so they could control their narrative, file a law suit or have the ability to communicate with clients. If your severance is only 1-2 weeks, it’s a no brainer.

like

What’s an example of this?

likesmart

I can’t get get my severance package unless I sign an NDA not to disclose my package, talk about my job, disparage, like the regular stuff and then some.

I openly spoke about my severance from Ogilvy. With people who are still there and people who aren’t. Nothing has happened. NDAs and agreements of those sorts are very difficult to pursue and companies are unlikely unless you’re actively stealing clients or employees and even then it’s very difficult for them.

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It’s called a separation agreement and it’s standard practice.

likehelpful

Sorry, but if someone was actually fired for cause, do you really think that recruiters and HR and managers don’t share their intel with people at other agencies, “ off the record?” We all know that they do, it’s only “mutual” on paper.

likesmart

This and many other reasons is why we don’t give 2 weeks anymore :)

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I mean it's awful but they're not required to give you anything. you have some leverage obviously if they're even offering you severance but usually it's not worth the headache. They can't make you sign away certain rights though, so be mindful of that.

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How we feel doesn’t really matter. They’re going to protect themselves and their business.

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You know how fishbowl is like, anonymous?.. 😏

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