The 2 parties in a dispute lived in British Columbia, Canada. It was an employment discrimination case. As part of the settlement, both the employer and employee singed an mutual non-disparagement agreement.

The employer refused to provide the employee with a positive job reference and denied all allegations of discrimination.

The employee left the country and got a new job and would now like to post disparaging comments about the employer on the internet.

How enforceable would that be from overseas or does it matter because it's the internet?

  • 3
    Of course it would be enforceable. It says nothing about where you do the disparaging, and if that's the internet, then you technically do it anywhere the internet is viewed.
    – Nij
    Dec 28 '16 at 18:21

Ask yourself... What are you trying to achieve?

My understanding is an employer is not obliged to provide you a positive job reference. I believe at most, they are only to obliged to confirm that you worked there. Anything above that is optional.

The fact that you have left British Columbia only makes it more difficult for the company to chase you - It does not alter your legal obligations.

As part of the settlement, both the employer and employee singed an mutual non-disparagement agreement.

Why did you sign a mutual non-disparagement agreement if you still disagree? It leads me to believe there could be trust issues between you and others. Why do you think your old employer must abide by the agreement, but you have an exemption?

Let's say you make noise - let's say your old employer in BC tracks you down. Ask yourself how an independent third party like your new employer would react when they read that you signed an agreement, then decided to ignore it.

Both you and your previous employer have begun new separate journeys. You two crashed once - I suggest you not alter your path or you could crash again.

Life is too short. Concentrate on making your new home in your new city and a new job a new start. It will bring you a greater benefit than breaking a signed, sealed non-disparagement agreement.

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