Black out flag in the Severance Agreement

Aug 6th, 2022
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How to black out flag in the Severance Agreement

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when i meet with employees who are thinking about signing a severance agreement i ask them a few questions first off were they a witness to any illegal acts in the company were they a whistleblower because we want to figure out here was there some reason they shouldnt have been able to be discharged maybe this was some sort of retribution or retaliation for blowing the whistle on illegal activities within the business so thats one thing we want to explore second is there any sort of unlawful discrimination occurring here maybe its discrimination on the basis of age a person is getting senior in years and so theyre being terminated in order to make room for younger workers maybe its based on some other protected class you

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The decision issued on February 21, 2023 by the NLRB restricts companies from demanding silence from laid-off employees through confidentiality, non-disclosure, and non-disparagement provisions in their severance agreements. What is this?
In addition, any employer is not permitted and does not have the authority to include anything in a severance agreement that prevents an employee from discussing or disclosing fact-based information regarding cases or claims of retaliation, harassment, bias, and retaliation.
58 (February 21, 2023), holding that certain confidentiality and non-disparagement provisions contained in employee severance agreements violate employees rights under the National Labor Relations Act (NLRA) and that the mere proffer of such provisions in a severance agreement is unlawful.
Clauses That Limit Future Employment One major red flag in severance agreements is the presence of clauses that restrict where and how you can work in the future. These might be non-compete or non-solicitation clauses that limit your ability to work for competitors or to start a similar business of your own.
Severance agreements must comply with relevant employment laws such as anti-discrimination laws, wage and hour regulations and workers compensation provisions. An agreement containing provisions that contradict these laws may be considered invalid.
Employers can no longer limit workers ability to speak about their company in exchange for settlement or severance payments, ing to a recent ruling by the National Labor Relations Board.
Stated differently, broad non-disparagement clauses will be enforced as written, even if there is a legitimate business need for the discussion.

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