QUESTION
Can we require volunteer staff not to post or communicate negatively about our organization?
Asked on Jun 04th, 2013 on Employment Contracts - Texas
More details to this question:
We are considering asking a member of our non-profit ministry group to leave. (He has been paid less than $500 over 3 months; there is no formal compensation as the group is a startup) He has shown a great deal of anger and unforgiveness about many different situations un-related to this group, and his issues have made us realize he is not a good fit for the work we do. Also, He continually posts anti-government rants on facebook, (a major concern as we apply for 501c3) and we want to let him go before he can do damage to our cause. It was requested that he tone down his posts, which he has refused. Can we require him to sign a type of "gag-order" before he goes? What does it need to say, and should it be witnessed/notarized/or prepared legally?
1 ANSWER
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It is legal and possible to enter into an agreement with an employee under the terms of which the employee agrees not to make certain kinds of statements, or agrees to refrain from using certain media, both before and after employment. To the extent that the agreement relates to the period following employment, there would likely need to be some form of consideration (i.e., a cash payment from you) to support the promise by the employee. You would likely have enforceability problems if you entered into the agreement at a time when you held a secret and undisclosed intention to terminate the employee's employment. An attorney can assist you in this matter.
Answered on Jun 04th, 2013 at 3:14 PM