NLRB Rules Non-Disparagement Terms of Severance Agreement Unenforceable

On February 23, 2023   /   Employment Law, Non-Disparagement Agreement, Severance Agreement   /   Leave a comment
NLRB Rules Non-Disparagement Terms of Severance Agreement Unenforceable

The National Labor Relations Board has ruled that severance agreements cannot prevent terminated employees from making disparaging statements about their former employer or disclosing the agreement’s terms.  In its ruling, the board overturned two decisions made during the Trump administration. The NLRB found that the previous decisions had departed from precedent and violated workers’ rights of the National Labor Relations Act’s Section 7, which allows workers to communicate when self-organizing.  The board stated that offering

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New Law No Longer Silences Victims of Workplace Harassment

On January 30, 2023   /   Employment Law, Non-Disclosure Agreements, Severance Agreement, Sexual Harassment   /   Leave a comment
New Law No Longer Silences Victims of Workplace Harassment

Victims of workplace sexual harassment and assault may no longer be bound by non-disclosure and non-disparagement agreements, which are referred to as NDAs. Employees who have signed NDAs as a general condition of employment may no longer be silenced by their agreements, according to the “Speak Out Act,” recently signed into law. You must still be careful and understand how the law applies before speaking out. The law prohibits enforcement of NDAs if the agreement

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