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CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY

SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES We have been writing about the risks of using boilerplate provisions in agreements. Non-disparagement clauses and confidentiality clauses in employee severance agreements are included.  Why? The federal National Labor Relations Act (“NLRA”) protects employees’...

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SEVERANCE AGREEMENTS ARE IN JEOPARDY, INCLUDING PAST AGREEMENTS

SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES The National Labor Relations Act (“NLRA”) protects employees' rights to discuss the terms and conditions of their employment, including confidentiality and non-disparagement clauses in settlement agreements.  However, most severance agreements contain a confidentiality clause...

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