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

Why is LinkedIn the Go-To for B2B Advertising Success?

In an era where digital advertising is fiercely competitive, LinkedIn emerges as a leading platform for B2B marketing success due to its expansive user base and unparalleled targeting capabilities. With over a billion users, LinkedIn provides marketers with a unique avenue to reach decision-makers and generate high-quality leads. The platform allows for strategic communication with key industry figures, a crucial

Endpoint Threat Protection Market Set for Strong Growth by 2034

As cyber threats proliferate at an unprecedented pace, the Endpoint Threat Protection market emerges as a pivotal component in the global cybersecurity fortress. By the close of 2034, experts forecast a monumental rise in the market’s valuation to approximately US$ 38 billion, up from an estimated US$ 17.42 billion. This analysis illuminates the underlying forces propelling this growth, evaluates economic

How Will ICP’s Solana Integration Transform DeFi and Web3?

The collaboration between the Internet Computer Protocol (ICP) and Solana is poised to redefine the landscape of decentralized finance (DeFi) and Web3. Announced by the DFINITY Foundation, this integration marks a pivotal step in advancing cross-chain interoperability. It follows the footsteps of previous successful integrations with Bitcoin and Ethereum, setting new standards in transactional speed, security, and user experience. Through

Embedded Finance Ecosystem – A Review

In the dynamic landscape of fintech, a remarkable shift is underway. Embedded finance is taking the stage as a transformative force, marking a significant departure from traditional financial paradigms. This evolution allows financial services such as payments, credit, and insurance to seamlessly integrate into non-financial platforms, unlocking new avenues for service delivery and consumer interaction. This review delves into the

Certificial Launches Innovative Vendor Management Program

In an era where real-time data is paramount, Certificial has unveiled its groundbreaking Vendor Management Partner Program. This initiative seeks to transform the cumbersome and often error-prone process of insurance data sharing and verification. As a leader in the Certificate of Insurance (COI) arena, Certificial’s Smart COI Network™ has become a pivotal tool for industries relying on timely insurance verification.