Based on that video alone and the skill she used in communicating with HR, she's a brillant sales person. No doubt about it.
Most employee NDAs will include a non disparage clause in the agreement. Its standard.
This is Why we have glassdoor forums. So you can disparage anonymously.
Or maybe she didnt sign the NDA and if so disparage away just dont expect other emoloyers to come running to you.
So yes, it depends on who's judging, but it certainly can be, disparagement.
[1] https://ogletree.com/insights-resources/blog-posts/negotiati...
I don't think that merely posting a video, where Clourflare's employees and policies acted stupidly and callously of their own accord, qualifies as a "statement" for the purposes of law.
If I posted a video of the CEO of united, in a drag, at a public event, and I was subject to a non disparage contract with United, im not so sure I would be fine even though all I did is post an act, with no commentary, that was public.
IANAL so I suppose it would be up for a judge to determine my intent. If the stock price drops and the CEO gets fired, do I walk away scot free?
> Brittney P. should be worried about her future job prospects. This video is now viral. I would think twice about hiring her.
If you would avoid hiring a person because they might expose your shitty practices, that says more about your practices than about the person.