Her attorneys said in the lawsuit that O’Reilly and the network violated non-disparagement and confidentiality clauses in their 2002 settlement agreement with Bernstein, which stated that if asked about the case, they “may say only ‘The matter has been resolved (or settled)’, without elaboration.”
“But he’s gone far beyond that and painted our client in a terrible light,” one of her attorneys, Neil Mullin, told The Washington Post.
.. “She did go to HR and other company executives to complain about him several times. Fox News took no action to protect plaintiff from O’Reilly. There were many witnesses to her mistreatment. She was not politically or financially motivated to raise the claims of abuse.”
Mullin said O’Reilly’s comments not only violated their 2002 settlement agreement but also illustrate a broader issue, in which powerful men who are exposed as harassers attempt to discredit their victims.
“The reason women don’t come out is because there’s a pattern of these men lashing out,” Mullin said.
Mullin said O’Reilly and Fox News have made “false and disparaging claims” against women who had to sign nondisclosure agreements, adding that the women should be released from those agreements.
“It is cowardly to publicly attack these women knowing they have been subjected to contractual provisions requiring absolute silence,” he said.
.. O’Reilly’s attorney, Fredric S. Newman, said in a statement that “Bill O’Reilly has never mentioned the plaintiff’s name publicly in any context.”
.. In a statement, Mr. O’Reilly suggested that his prominence made him a target.
“Just like other prominent and controversial people,” the statement read, “I’m vulnerable to lawsuits from individuals who want me to pay them to avoid negative publicity. In my more than 20 years at Fox News Channel, no one has ever filed a complaint about me with the Human Resources Department, even on the anonymous hotline.
“But most importantly, I’m a father who cares deeply for my children and who would do anything to avoid hurting them in any way. And so I have put to rest any controversies to spare my children.
“The worst part of my job is being a target for those who would harm me and my employer, the Fox News Channel. Those of us in the arena are constantly at risk, as are our families and children. My primary efforts will continue to be to put forth an honest TV program and to protect those close to me.”
.. In interviews and statements following the story, O’Reilly further denied the allegations.
.. In September, he appeared on the “Today” show, saying that in 42 years in the business, “not one time, did I have any interaction with HR, any complaints filed against me.”
Laid-Off Americans, Required to Zip Lips on Way Out, Grow Bolder
Leading members of Congress from both major parties have questioned the nondisparagement agreements, which are commonly used by corporations but can prohibit ousted workers from raising complaints about what they see as a misuse of temporary visas. Lawmakers, including Richard Durbin of Illinois, the second-highest-ranking Senate Democrat, and Jeff Sessions of Alabama, the Republican chairman of the Senate Judiciary Subcommittee on Immigration, have proposed revisions to visa laws to include measures allowing former employees to contest their layoffs.
.. Lawyers said the paragraph Mr. Peña and other workers object to in their separation agreements is routine in final contracts with employees who are paid severance as they leave, whether they were laid off or resigned voluntarily.
“It’s a very, very common practice,” said Sheena R. Hamilton, an employment lawyer at Dowd Bennett in St. Louis who represents companies in workplace cases. “I’ve never recommended a settlement that didn’t have a clause like that.”
.. With a disabled child who requires medical care, he said he had to take his severance and its nondisparagement clause, since it extended his medical benefits. So he asked to remain anonymous.
.. In a forceful reply, the Eversource general counsel, Gregory B. Butler, said the company had not violated any laws, and its nondisparagement provisions were a “standard form release” that did not restrict former employees from discussing their layoffs “with you or anyone else.”
.. According to a copy of the agreement, that clause read, in part: “You agree to make every effort to maintain and protect the reputation of Abbott and its products and agents.”
.. Mr. Peña said he could afford to turn down his severance payment because he is single and has no children. “I was the only one with the ability to put my foot down,” he said.
He received consistently positive work reviews, and a merit raise weeks before his layoff, he said. With no indication that poor performance was a factor, he believed it was a measure to cut costs.