NLRB Rules No Mandatory Silence for Severance

Mar 10, 2023, 8:15 AM

(from the Washington Post) Employers can no longer limit workers’ ability to speak about their company in exchange for settlement or severance payments, according to a recent ruling by the National Labor Relations Board. Such agreements, including broad non-disparagement and confidentiality requirements, are widely used in layoffs or workplace legal disputes as a way for employers to ensure that employees won’t bad-mouth the company after the ink dries. But the NLRB has determined that these provisions violate the National Labor Relations Act. Companies are likely to appeal the ruling but organizations would also be wise to reconsider any such clauses in the meantime. 

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