NLRB Issues Ruling Impacting Employer-Prepared Severance Agreements

The National Labor Relations Board (NLRB) recently issued a decision which has the potential to greatly impact the way employers approach termination contracts. The ruling stated that employers are not allowed to include in severance agreements language which prevents employees from filing complaints with the NLRB or other agencies. This has caused a stir among employers, as they now must figure out how best to navigate these new regulations and restrictions.

The NLRB’s decision has been met with a mix of reactions. On one hand, some employers are concerned that they will no longer be able to include language in termination contracts which prevents employees from filing complaints with the NLRB or other agencies. On the other hand, some employers see this as an opportunity to protect their interests. As Klein noted in a statement, including such a restriction in a termination contract would at least provide employers with something.

However, the decision is subject to appeal and could be reversed at some point by an appeals court, as Fox Rothschild attorneys have commented. Therefore, employers should take this into account when deciding whether or not to include restrictive language in their severance contracts. Additionally, Andrew Herman of Blank Rome employment law said that the NLRB suggested that an agreement waiving rights to pursue claims dated to the day of the severance contract may be acceptable. In other words, employees may still waive their right to file a complaint in exchange for certain benefits or payments but only if the waiver is dated to the day of the severance contract.

When preparing and presenting severance packages, employers should take into account the full implications of this recent ruling and ensure that any restrictive language is dated to the day of the agreement in order to be considered valid by the NLRB. Additionally, they should specify in a severance agreement that it does not impede employees from helping colleagues or former colleagues with matters related to their job or communicating with outside parties, such as unions and the NLRB. Doing so will ensure that employees do not feel restricted in any way and can still pursue complaints against their employer if necessary.

Overall, the NLRB’s decision has caused a stir among employers who are now trying to figure out how best to navigate their way through these new restrictions and regulations. It is important for employers to understand the full implications of this ruling when preparing and presenting severance packages and ensure that any restrictive language is dated to the day of the agreement in order to be considered valid by the NLRB. Additionally, they should specify in a severance agreement that it does not impede employees from helping colleagues or former colleagues with matters related to their job or communicating with outside parties, such as unions and the NLRB. Doing so will provide employers with protection while also allowing employees to pursue complaints against their employer if necessary.

Explore more

Agency Management Software – Review

Setting the Stage for Modern Agency Challenges Imagine a bustling marketing agency juggling dozens of client campaigns, each with tight deadlines, intricate multi-channel strategies, and high expectations for measurable results. In today’s fast-paced digital landscape, marketing teams face mounting pressure to deliver flawless execution while maintaining profitability and client satisfaction. A staggering number of agencies report inefficiencies due to fragmented

Edge AI Decentralization – Review

Imagine a world where sensitive data, such as a patient’s medical records, never leaves the hospital’s local systems, yet still benefits from cutting-edge artificial intelligence analysis, making privacy and efficiency a reality. This scenario is no longer a distant dream but a tangible reality thanks to Edge AI decentralization. As data privacy concerns mount and the demand for real-time processing

SparkyLinux 8.0: A Lightweight Alternative to Windows 11

This how-to guide aims to help users transition from Windows 10 to SparkyLinux 8.0, a lightweight and versatile operating system, as an alternative to upgrading to Windows 11. With Windows 10 reaching its end of support, many are left searching for secure and efficient solutions that don’t demand high-end hardware or force unwanted design changes. This guide provides step-by-step instructions

Mastering Vendor Relationships for Network Managers

Imagine a network manager facing a critical system outage at midnight, with an entire organization’s operations hanging in the balance, only to find that the vendor on call is unresponsive or unprepared. This scenario underscores the vital importance of strong vendor relationships in network management, where the right partnership can mean the difference between swift resolution and prolonged downtime. Vendors

Immigration Crackdowns Disrupt IT Talent Management

What happens when the engine of America’s tech dominance—its access to global IT talent—grinds to a halt under the weight of stringent immigration policies? Picture a Silicon Valley startup, on the brink of a groundbreaking AI launch, suddenly unable to hire the data scientist who holds the key to its success because of a visa denial. This scenario is no