After settling an age discrimination and retaliation case for $80,000, Patrick Snay's daughter took to her Facebook page, as most young adults today do to celebrate. Snay was the former headmaster at Gulliver Prep School in Miami, Florida. The teen posted, " Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT." Needless to say Papa Snay's former employer didn't exactly "like" Little Snay's status and within 4 days of signing, Gulliver informed Papa Snay that he breached the agreement.
As in most settlement agreements, Snay's agreement contained a confidentiality clause. The actual language of the confidentiality agreement stated, "...[T]he Plaintiff shall not either directly or indirectly, disclose, discuss or communicate to any entity or person, except his attorneys or other professional advisors or spouse any information whosoever regarding the existence or terms of this Agreement...A breach...will result in disgorgement of the Plaintiffs portion of the settlement Payments." Little Snay's Facebook post was shared 1200 of her closest Facebook friends, including several former and current Gulliver students. While Gulliver did pay Papa Snay's attorneys their portion of the settlement, they refused to pay Papa Snay due to the breach. After seeking to enforce the agreement, an appellate court found against Papa Snay stating, "It is axiomatic that the clear and unambiguous worlds of the contract are the best evidence for the intent of the parties." Gullive Schools, Inc. v. Nay, 121 Fair Empl. Prac. Cas. (BNA) 1421, 2014 WL 769030 (Fla. 3d DCA 2014). The breach was established when Papa Snay informed Little Snay that he settled the case, not when she shared it with her friends. Needless to say confidentiality sections aren't just for show and can result in real consequences, especially with teenagers.