Severance Agreements After McLaren Macomb

Severance agreements after McLaren Macomb  

 

Thursday, May 18, 2023

Noon - 1:00 p.m.

Via Zoom  

 

Severance agreements after McLaren Macomb  

 

In February 2023, the National Labor Relations Board issued McLaren Macomb, 372 NLRB No. 58, returning to precedent holding that employers violate the National Labor Relations Act ("the Act") when they offer employees severance agreements that require employees to broadly waive their rights under the Act because such agreements have a reasonable tendency to interfere with the exercise of protected rights. The severance clause at issue contained several common provisions, including a non-disclosure provision that contained a broad non-disparagement clause and a confidentiality provision that advised employees that they are prohibited from disclosing the terms of the agreement to anyone, except for a spouse or professional advisor, unless compelled by law to do so. This presentation will discuss the practical implications of the decision, along with guidance on drafting lawful nondisclosure provisions.  

 

Cost:

FREE- for Section Members

$5.00- for Non Section Members  

 

Speakers:

Valerie Collins

Patrick Scully 

 

Applied for one 1 General CLE credit