Workers Don't Have to Hush for Severance Anymore. Here's Why it Matters.

Labor and employment attorney Kenneth Jenero was quoted in a Washington Post article about the National Labor Relation Board's (NLRB) recent ruling on nondisparagement and confidentiality clauses in severance agreements. In the case, the NLRB determined a Michigan hospital violated the National Labor Relations Act when it agreed to offer severance to 11 furloughed employees in exchange for keeping the terms of their furlough confidential and not publicly disparaging the hospital. Mr. Jenero explained the ruling has broad implications for employers, many of whom commonly include these types of provisions in agreements.

"A lot of employers love these nondisparagement provisions... because of their deterrent effect," he said. "Employees might look at this and say, 'I don't really want to open up a can of worms, because if I do, maybe they'll assert that I'm violating the agreement.'"

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