Disparagement - when the truth casts a bad light on a subject.
Defamation - false statements that damage a reputation
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. These commonly are referred to as confidentiality and nondisparagement provisions. Over the past several years, individual state laws and the federal Speak Out Act have restricted how and when employers are permitted to use confidentiality and nondisparagement provisions in employment agreements.
On February 21, 2023, the National Labor Relations Board (NLRB) continued this trend by issuing an important decision that may fundamentally change how and when employers use confidentiality and nondisparagement provisions
Defamation - false statements that damage a reputation
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. These commonly are referred to as confidentiality and nondisparagement provisions. Over the past several years, individual state laws and the federal Speak Out Act have restricted how and when employers are permitted to use confidentiality and nondisparagement provisions in employment agreements.
On February 21, 2023, the National Labor Relations Board (NLRB) continued this trend by issuing an important decision that may fundamentally change how and when employers use confidentiality and nondisparagement provisions