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NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements
Wyrick Robbins Yates & Ponton LLP 
[Guidance Overview] Apr. 10, 2023 "None of the choices available to employers ... are perfect solutions ... One option would be to remove all language requiring the employee to keep the terms of the severance confidential and all language prohibiting the employee from disparaging the employer.... Another alternative would be to narrowly tailor the confidentiality and nondisparagement provisions, while adding language making clear that nothing in the agreement is intended to impinge on any employee's Section 7 rights." |
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