News & Analysis as of

Termination Hiring & Firing Severance Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Littler

British Columbia, Canada Court of Appeal Affirms Enforceability of Termination Clause That Incorporated by Reference Notice and...

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In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court’s decision that a termination clause in an employment agreement was enforceable because it was neither...more

Bricker Graydon LLP

Johnny’s a Thief and Stole the Copier - Can I Deduct it from his Paycheck?

Bricker Graydon LLP on

I’m in my office, talking with Tommy about the terrible MLS schedule. He thinks FCC should not be playing in the knockout stage of CONCACAF to begin the season; “put that game mid-season, we score 3 or 4 goals in the first...more

Foley & Lardner LLP

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

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No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

CDF Labor Law LLP

Employment Terminations and Severance Agreements in Business Transactions and Restructurings

CDF Labor Law LLP on

To Terminate Or Not Terminate, That Is The Question. Whether selling, acquiring, or restructuring a business, the complex issue of employment relationships and what to do with them should be considered as early in the...more

Dorsey & Whitney LLP

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

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Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Winter 2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

WilmerHale

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Dorsey & Whitney LLP

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

Miles & Stockbridge P.C.

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Laner Muchin, Ltd.

Recent NLRB Decision Significantly Impacts Employee Releases and Separation Agreements

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The National Labor Relations Board recently issued a decision in McLaren Macomb, holding that employers may not offer severance agreements that require employees to agree to non-disparagement or confidentiality provisions...more

Goodwin

NLRB Concludes that Separation Agreement Provisions Prohibiting Disparagement and Requiring Confidentiality of Agreement Terms...

Goodwin on

In its recent decision in McLaren Macomb, the National Labor Relations Board (“NLRB” or the “Board”) concluded that provisions in employment separation agreements prohibiting disparagement of the employer and requiring...more

Latham & Watkins LLP

NLRB Limits the Scope of Confidentiality and NonDisparagement Covenants

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Employers should review and tailor their confidentiality and non-disparagement covenants to mitigate risk of a finding that such covenants are unlawful. On February 21, 2023, the National Labor Relations Board (the NLRB)...more

Benesch

NLRB Bars Confidentiality and Non-Disparagement Provisions in Severance Agreements

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In a ruling on February 21st, the National Labor Relations (NLRB or “Board”) revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to not disparage the company as part...more

Holland & Knight LLP

NLRB Restricts Use of Severance Agreements with Broad Confidentiality/Non-Disparagement Clauses

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The National Labor Relations Board (NLRB or the Board) on Feb. 21, 2023, issued a decision (McLaren Macomb, 372 NLRB No. 58) that significantly restricts an employer's right to present employees with or enforce severance and...more

Ervin Cohen & Jessup LLP

NLRB Declares Confidentiality and Non-Disparagement Provisions in Severance Agreements Unlawful

Over the last few years, employers throughout the United States have enjoyed some measure of protection from former employees who signed severance agreements....more

Williams Mullen

Tales from the NLRB: When Terminating an Employee, Confidentiality and Non-Disparagement Provisions Are ULPs

Williams Mullen on

The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more

BCLP

NLRB Resumes Attack on Confidentiality and Nondisparagement Provisions

BCLP on

This week, the National Labor Relations Board overturned Trump-era precedent and returned to its previous hostility to confidentiality and nondisparagement provisions in agreements with employees. In McLaren Macomb, 372 NLRB...more

Parker Poe Adams & Bernstein LLP

NLRB Reinstates Prior Position Regarding Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

Earlier this week, the National Labor Relations Board (NLRB) continued its reversal of decisions reached during the Trump administration, reinstating prior precedents. This time, the Board reversed two decisions that limited...more

Genova Burns LLC

NLRB Places NDAs and Non-Disparagement Agreements with Rank and File Employees in its Cross-Hairs

Genova Burns LLC on

On February 21, 2023, in McLaren Macomb, 372 NLRB No. 58, the NLRB made a broadside attack on precedent and confidentiality and non-disparagement provisions in severance agreements signed by rank and file employees. This...more

BakerHostetler

Severing from Precedent: NLRB Restricts Employers' Ability to Include Standard Confidentiality and Non-Disparagement Provisions in...

BakerHostetler on

On February 21, the National Labor Relations Board (“NLRB” or “Board”), as anticipated, issued a decision in McLaren Macomb that reversed several Trump-era rulings that generally had allowed employers to proffer severance...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Holds Confidentiality, Nondisparagement Provisions Illegal in Severance Agreements Presented to Section 7 Employees

Employers routinely include terms in severance agreements: (1) requiring the fact and contents of the agreement, including the amount of severance, be kept confidential by the signing employee; and (2) prohibiting the signing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Sheppard Mullin Richter & Hampton LLP

Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to...more

Epstein Becker & Green

International Challenges to Dismissing Employees During the COVID-19 Pandemic

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Outside of the United States, terminating employees can be difficult even in “normal” times. The concept of “at-will” employment is uniquely American, and generally, employers in non-US jurisdictions only may terminate...more

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