National Labor Relations Board, located at 1099 14th Street, NW, in Washington, D.C. April 16, 2012. Photo by Diego M. Radzinschi/ALM.
As layoffs continue to dominate headlines across various industries, the subject of providing severance agreements to departing employees becomes more pressing. While severance is not legally required, terminated employees may be offered it if both the employer and employee agree on terms.
In these negotiations, non-disparagement clauses have been an important bargaining chip for departing workers, as they could secure increased compensation without giving up anything of value to them. Consequently, businesses and employees often agree to broad non-disparagement agreements to their mutual benefit. Not anymore.
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