For decades, US employers have been inserting terms into severance agreements to prevent departing workers from disclosing information, such as trade secrets or sensitive data. In recent years, however, some employers have broadened those provisions, waiving employees’ rights to disclose anything deemed potentially disparaging or confidential – even allegations of discriminatory practices, harassment or an unsafe work environment.
In 2020, the NLRB made the decision that forcing employees to waive their right to speak out in order to receive severance was, indeed, legal. Since then, however, the new members that comprise NLRB leadership have showed a more labourer-favourable outlook – leading to last month’s move, which overturned the 2020 decisions.