"[Key takeaways from Memorandum GC 23-05 include:] [1] The circumstances surrounding presentation of the severance agreement to an employee are irrelevant if the agreement is unlawful on its face. Simply offering an unlawful agreement is prohibited, so whether the employee actually signed it is also irrelevant.... [2] In almost all circumstances, a non-disparagement provision will be unlawful, except to prevent 'maliciously untrue' defamatory statements about an employer. That is a high bar to satisfy, and employers will need to be particularly careful in drafting non-disparagement language."  MORE >>