FWIW I agree about not enforcing non disparagement clauses but legally that not the world we live in.
That's not how it works at most companies.
It's a free market! If she didn't like the offer, she could've just gotten herself fired from some other company instead. /s
If non disparagement clauses were illegal then perhaps the severance amounts would be smaller since there’s now much less value to the company.
If someone gives you the option to accept $ to sign a contract agreeing not talk about something that is legal but morally bad, and you say yes, then talk about the thing, you will correctly be losing the lawsuit, no matter how bad the thing is.
Having a leverage to force an NDA is not immoral, but breaking the NDA (no matter how unfair the situation that led to it being signed was) is immoral.
Got it.
Did I miss the part where a gun was held to their head?
If I offer you money to eat a turd, is it your view that you are being forced to eat the turd?
She earned it.
A company's reputation when it comes to severance is a part of compensation negotiations and decisions whether to accept the offer to work there.
She got a high level job where such a severance is expected. If it weren't, they'd struggle to find anyone to fill that job.
The severance wasn't contingent on her past. Anyone else holding that job would've gotten a difference.
A male probably would've gotten a larger one, for that matter.