On Feb. 21, the National Labor Relations Board (NLRB) ruled that severance agreements with broad – yet common – confidentiality and non-disparagement provisions are unlawful. Employers routinely include confidentiality and non-disparagement provisions in separation or severance agreements that generally prohibit a departing employee from disclosing the terms of the agreement or disparaging the company in exchange for a payment to which the employee would not otherwise be entitled.
NLRB Rules Broad – Yet Common – Confidentiality and Non-Disparagement Provisions in Severance Agreements Are Unlawful
