In recent years, the number of employers using non-disparagement clauses in severance agreements has been on the rise. These agreements stopped former workers from talking trash about previous jobs and bosses. But in an interesting turn of events, these non-disparagement clauses are now illegal.
Here’s Five Fast Facts on Non-Disparagement Agreements:
- 🤐 Lips Unzipped - The National Labor Relations Board (NLRB) has ruled that employers can no longer stop former employees from publicly throwing shade. This also applies to preventing employees from discussing the terms of their severance. No more hush money, right?
- 🧨 But Wait, There’s More - The NLRB also ruled that ALL clauses like this have been retroactively voided. Make sure to head over to glassdoor.com as soon as you’re done reading this.
- 🙊 Secrets - Confidentiality clauses for trade secrets still apply. In other words, talk all the crap you want, just don’t give away the plans for the new products they’re developing or those special recipes.
- 😊 Be Kind - Before you compare your former boss to Skeletor, be careful. Defamatory statements are not protected. State the facts but don’t get petty.
- 🗡️ Still Severed - For the sake of clarity, severance packages are still legal. Just make sure you read carefully before you sign anything.
🔥Bottom line: This is a huge deal. Employers can no longer get away with bad behavior or silence people who have a right to share their experiences. Maybe a ruling like this will lead to them making their workplace healthy rather than trying to trick people into thinking it’s healthy.
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