It's pretty rare. Never have I ever met anyone who had or would sign such an agreement. Given my income bracket, I should have by now if it was merely uncommon. Then again, maybe not admitting to the agreement is part of the agreement. Insidious.
Worked in three companies and in all of them every single fired (as was the case here) individual was offered severance. Usually it's 2 months + 2 weeks per year of work but higher severances are routinely offered if company feels person can be a problem. 64k (4-5 months of pay) is essentially go away money - not FB trying to really hush somebody. Even baseless rejected EEOC complain will cost more to resolve.
I was not talking about "severance" per se, but about a non-disparaging agreements. I would agree that severance is typical.
That being said, California, Oregon, Washington State, Georgia, getting 4-5 month's pay as severance? That doesn't even make sense from a business perspective, imo.
If you're small enough you are face to facing investors, everyone has experience with volatile employees. If you're larger, you don't care about a single player anyway. That's just my experience.
Most (if not all) severance agreements in case of firing include non-disparagement. Severance is just cost of business - HR sees volatile employee and automatically offer severance with not-sue, not-disparage agreement. Employment lawyers are $600/hour and a huge distraction.
> Most (if not all) severance agreements in case of firing include non-disparagement.
I've never seen it. Employment lawyers are very happy to take cases against companies, who have money. Just like non-competes, they have been dropped from contracts over the last few decades (severability applies anyway) on the west coast.
As a personal anecdote in California, somebody I managed got 1 month of fake employment (technically employed but without access to anything) + 2 month severance after being fired after 8 months on the job without any push from me or fired employee. And he was extremely nice and non-confrontational, just could not do the job.
