Best Business Attorneys in Suffolk, VA

LEGAL ALERT: Last week, the National Labor Relations Board (NLRB) issued a tide-turning decision in Mc Claren Macomb finding that severance agreements are unlawful if they broadly restrict an employee’s right to discuss the agreement (confidentiality) or speak negatively about their former employer (non-disparagement). The Mc Claren decision applies to both unionized and non-union private workplaces. It is important to note that this decision does not affect workers who do not have Section 7 rights, including independent contractors, managers, most supervisors, and public sector employees, among others. Even if an employer hasn't sought to enforce a confidentiality or non-disparagement provision in a severance agreement, the agreement may still violate Section 7. It is possible, but not definite, that a severance agreement containing confidentiality and non-disparagement provisions could still be legal if those provisions are sufficiently narrowed and/or contain a disclaimer preserving the employee’s Section 7 rights. Existing severance agreements containing confidentiality and non-disparagement provisions are unlikely to be invalidated by it. Yeng Collins Law will continue to monitor the impact of the Mc Laren decision as it unfolds and as further guidance is issued and will provide updates as needed. In the meantime, if you have questions, we are available to provide advice that will best position you on this still-uneven ground.