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  2. Feb 26, 2023 · The NLRB’s decision last week prohibits employers from requiring laid off workers to keep confidential both the terms of their severance agreement and the terms and conditions of their job ...

    • 2 min
    • What Does A Severance Agreement include?
    • Severance Agreement Template
    • Severance Agreement Example
    Relevant dates:The document should include the dates of employment (hiring and termination) and any timelines for the benefits they will receive or other agreed-upon terms.
    Severance pay: The amount of severance pay provided may vary based on the length of the employment and can be received as regular payments for a period or a lump sum. This section may also include...
    Health insurance:Terminated employees are entitled to a continuation of the health coverage received under the company for up to 18 months, according to the Consolidated Omnibus Budget Reconciliati...
    Return of company property:The agreement will include details on any company-owned equipment or tangible information that the employee must return.
    Employer agrees to pay Employee a severance payment in the amount of [dollar amount]. Employee will receive this payment upon the execution of the Severance Agreement.
    Per Employer's policies, Employee can continue to receive the insurance coverage that they subscribe to under the Employer's group medical, vision and dental plans until [date].
    Employer agrees to pay Employee a severance payment of $6,000, which equals four weeks of pay at 40 hours per week. Employee will receive this payment upon the execution of the Severance Agreement.
    Per Employer's policies, Employee can continue to receive the insurance coverage that they subscribe to under the Employer's group medical, vision and dental plans until March 31, 2021.
  3. Employers routinely include terms in severance agreements: (1) requiring the fact and contents of the agreement, including the amount of severance, be kept confidential by the signing employee; and (2) prohibiting the signing employee from disparaging the employer, along with its officers, directors, employees, agents, and representatives.

  4. Mar 13, 2023 · Most employers have seen recent headlines about the National Labor Relations Board’s stance that employee severance agreements will be deemed unlawful if they contain confidentiality or non-disparagement provisions. This ruling covers both unionized and nonunionized businesses in the private sector.

  5. Mar 13, 2023 · The Silenced No More Act, which went into effect on Jan. 1, 2022, restricts the use of confidentiality and non-disparagement provisions in employment agreements, including settlement and severance agreements, related to all claims of discrimination, harassment and retaliation.

  6. Mar 20, 2023 · Severance agreements were offered which prohibited the disclosure of any confidential, propriety, or privileged information. The agreements also prohibited the disclosure of any terms of the agreement to any individual unless to a spouse; to obtain legal counsel or tax advice; or if compelled by a court or administrative agency.

  7. Mar 24, 2023 · The Board ruled that an employer violates Section 8 (a) (1) of the National Labor Relations Act (“NLRA”) by offering a severance agreement to employees that includes confidentiality and non-disparagement terms restricting the exercise of the employees’ NLRA rights.

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