Social Media Clauses
(Settlement and Separation Agreement)

Summary

This template is a selection of clauses that demonstrate how to effectively deal with social media in the relevant portions of a settlement or separation agreement. This template includes practical guidance, drafting notes, and alternate and optional clauses. These clauses are intended for private employers. They are based on federal law and do not address all potential state law distinctions; thus, you should check any relevant state and local laws. A properly drafted agreement will limit an employer's exposure and will also prevent unnecessary payment in the event of a breach. These clauses are intended as a general drafting aid and will require modification according to the particular circumstances and the intentions of the parties. For a full listing of key content covering social media in the workplace, see Social Media in the Workplace Resource Kit. For resources on employment litigation, see Employment Litigation Resource Kit. For information on settlement and severance agreements generally, see Separation Agreements: Pros and Cons, Separation Agreements: Drafting and Negotiation Tips (Pro-Employer), Separation Agreements: Key Negotiating Issues (Pro-Employee), Executive Separation Agreement Drafting, Executive Separation Agreement Negotiation (Pro-employer), and Executive Separation Agreement Negotiation (Pro-executive). For information on settlement and separation concerning social media issues, see Social Media and Settlement and Separation Agreements: Reining in the Impulse to "Share". For information employment issues related to social media, see Social Media Policies: Key Drafting Tips, Social Media in Restrictive Covenants, Social Media Issues in Employment: Counseling Employers on Key Social Media Issues, Employment Law Issues in Social Media, and Social Media Information Regarding Job Applicants and Employees: Key Considerations. For state-specific information concerning separation and settlement agreements, see the Special Release Issues column of Investigations, Discipline, and Terminations State Practice Notes Chart. For state-specific templates on separation and settlement agreements, see the Investigations, Discipline, and Terminations State Expert Forms Chart and the Settlement Agreements column of Employment Litigation State Expert Forms and Checklists Chart. For state-specific information on employer access to employee social media, see Social Media: Employer Access to Employees' Accounts State Law Survey.