I discussed yesterday the case in which an employee’s daughter disclosed the settlement amount and caused a settlement agreement proceeds to be returned to the employer.  See my post here.  Now, I see the Florida court of appeals decision here.  From the decision, it appears that the case was indeed dismissed.  The plaintiff had to give up his $80,000 because his daughter "blabbed" on Facebook.  The lawyer still received his $60,000 amount for attorney’s fees.  And, Mr. Snay did still receive the amount of $10,000 in lost wages.  So, yes, indeed, Patrick Snay lost both his $80,000 and his lawsuit. 

And under the terms of this rather onerous confidentiality clause, the appellate decision is probably correct.  I have never seen a confidentiality clause that would still result in a dismissal of the suit if the plaintiff disclosed the terms of the settlement.  

Some folks have asked why agree to a confidentiality clause, at all?  Most employees who settle a discrimination claim have been out of work for months or years.  They need money asap.  They do not fuss over things like confidentiality clauses.  Perhaps, now a few will pause when they realize how easily the terms of a settlement agreement can be publicized, these days.  Facebook has changed many things for many people. 

The plaintiff apparently had a brief time in which he could have backed out of the settlement agreement – after he knew his daughter had violated the agreement.  But, he chose to gamble on the court agreeing his speaking to his daughter was not a breach.  He gambled wrong. 

Not a good day for Mr. Snay or his daughter.