Thursday, February 23, 2023

Severance packages now untethered from non-disparagement and non-disclosure requirements.

 On February 21, 2023, the National Labor Relations Board declared it unlawful for employers to condition employee severance packages on return promises of secrecy and non-disparagement. The case is called  McLaren Macomb and Local 40 RN Staff Council,Office and Professional Employees, International Union (OPEIU), AFL–CIO. Case 07–CA–263041, and it concerned the following language that many of us have learned to take for granted in severance packages: