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’...
NON-COMPETE AGREEMENTS KEEP GETTING STRUCK DOWN AS TOO BROAD When someone buys a business, the new owners typically want the prior owners not to compete. Those types of non-compete agreements have typically been enforceable if the business owner selling had at least 15% ownership in the company. But, for the...
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...