Cloudflare Termination Video: A Master Class in How Not to Terminate Someone

Re:Cloudflare Termination Video: A Master Class in How Not t... by IG_Semmelweiss on Saturday January 20, 2024 @08:57PM (#39074711)

“Disparaging” Defined: The term “disparaging” is considerably more broad that the term “defamatory.” (......) Perhaps the most consequential difference is many courts have held that statements can be disparaging even if truthful or non-defamatory [1]

So yes, it depends on who's judging, but it certainly can be, disparagement.

[1] https://ogletree.com/insights-resources/blog-posts/negotiati...

[ Parent | on HN ]

Re:Cloudflare Termination Video: A Master Class in How Not t... by A_D_E_P_T on Sunday January 21, 2024 @02:34PM (#39082068)

Ah, but here's the thing: She didn't say anything in the video to disparage Cloudflare. She simply posted a conversation. Integral to "disparagement," as a concept, is the notion that the disparager must have made at least one overtly disparaging statement.

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.

[ Parent | on HN ]

Re:Cloudflare Termination Video: A Master Class in How Not t... by IG_Semmelweiss on Wednesday January 24, 2024 @10:55AM (#39118831)

I think what matters here is intent.

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?

[ Parent | on HN ]