Non-Disparagement Clause: NO Deal!

"Employee agrees not to make any statements, written or oral, to anyone, including the press or other media, or to any partner of CHS regarding Employee's departure from employment except as may be approved by CHS in advance and in writing.  Employee further agrees not to take any action that would or might disrupt, impair or affect adversely CHS and its affiliates or their employees, officers, commissioners, directors or agents, or place CHS or such individuals in any negative light."

Well, good thing that I did not sign the separation agreement with Carolinas Healthcare System.  Otherwise, I would not be able to go on my public speaking tour to tell everyone about my employment experience with the multi-billion dollar non-profit organization.  Can you say "making lemonade out of lemons?"

I am excited about sharing my story and becoming a consultant on workplace fairness.

My first tip to anyone accepting a settlement and/or agreement be careful of the "employment" clause.

"In exchange for the Severance payments and other consideration provided hereunder by CHS, Employee agrees not to re-apply for employment with CHS or any of its affiliates, successors, or managed entities."

I have discovered other  CHS former employees that have signed such agreements have not been able to find employment because Carolinas Healthcare System has been buying up so many smaller practices that it limits job opportunities to apply and stay within the healthcare industry in this region.  I even found a case Miller vs. Carolinas Healthcare System which alleges that Carolinas Healthcare System practices blacklisting former employees that speak out against management.

This brings me to my second tip: Without a mutual non-disparagement clause, you the employee or former employee may not be protected from CHS publicizing negative remarks about you in the form of "blacklisting" and any other  format. CHS attorneys will intentionally omit truth for the purpose of making you look incompetent.  CHS human resources department at times will attempt to collect your side of the story by oral notetaking declaring that they are acting as a neutral party only to later work against you to distort the facts and inject their own CHS biased opinion.

In a nutshell, without a mutual non-disparagement clause, get ready for some dirt to get thrown your way. I suggest constantly collecting and organizing all supporting documentation as soon as the first discriminatory act begins.  CHS is not going to even allow you time to clock out on your last day of work.  They will clock you out after you leave the premises if you are non-exempt ( hourly.)  You should most definitely assume that CHS will try to make your transition to other employment opportunities a "living hell" and then multiply that by ten. Trust me - CHS has had plenty of practice over the years. The stories that I've encountered thus far have been consistently alarming.

Anyone desiring me to speak on my experiences and discoveries, please feel free to contact me at Applebaum Enterprises.

Topics that I can cover:

•  Discrimination based on natural hairstyling
•  Hostile work environment
•  EEOC complaints
•  Disparagement of active CHS Employees by CHS Attorneys addressed to the EEOC 
•  CHS Hiring practices with or without healthcare experience
•  CHS right to randomly post or "not post" job vacancies
•  MedCost and CHS co-ownership regarding employee medical benefits
• MedCost major medical and MedCost COBRA are two different and separate databases.
•  and much, much more.

My Consultation fee and/or speaking fees are negotiable depending on travel arrangements.  I just want to be able to help others by sharing my extraordinary seven year journey with  the Charlotte Mecklenburg Hospital Authority d/b/a Carolinas Healthcare System.