It is a one-way street. You can also negotiate for a clause that limits that, within the employers` organization, knows the terms of your agreement, perhaps to those who have specific positions such as senior management or in limited departments such as human resources. These provisions may be vague, but if this protection is particularly important to you, you can negotiate a provision that Tom at the front desk or Judy in the shipping room does not know the salary structure of your severance contract or other personal data. By adding a no-disappearance regime, your former employer may prevent you from submitting to a wide range of measures, including, but not limited to false, defamatory, derogatory or negative comments that diminish the goodwill or reputation of the organization or interfere in the affairs of the organization. Remember that the redundancy agreement means the end of your employment relationship. As such, you may then be tempted to discuss any critical opinions you have ever held about the organization, from the quality of its services to how it handles complaints at work. If you have a non-disappearing provision in your contract, you will keep these ideas to yourself. Note that non-disappearing provisions often contain an exception when an employee is invited to testify under oath or respond to government requests. Conclusion: this is good news from the NLRB with regard to the severance agreement, as it indicates that companies now have more flexibility in this context. Note that what some agreements call “non-disclosure” may be characterized as “confidentiality” by others. If used in this sense, the confidentiality rules address this specific agreement not to disclose the agreement. However, employers are more likely to discuss the confidentiality of all information obtained by a former worker through a employment relationship. Let`s get to that clause.
In the course of the appeal procedure, the former employee argued that she had complied with certain provisions of the severance agreement and therefore should not be required to repay the full severance pay. The former employee also argued that her former employer was not entitled to compensation from her new employer. The NLRB General Counsel Office found that confidentiality and non-participation clauses were legal. The confidentiality clause required the employee to “keep the terms of the separation agreement confidential, with the exception of consultations with a lawyer or family member.” The memo found that there was “clearly no vulnerability” given that the House has recently maintained such restrictions on confidentiality. Workers and employers have an interest in preserving their reputations. The parties may agree to keep the agreement confidential and prevent the employee from denigrating the transaction. Can your former employer denigrate you? When the employer develops a severance contract, this clause is usually only for your denigration of the employer. But you can and must negotiate for mutual non-disappearance. The way an employer talks about you could easily affect your future job prospects. Therefore, you should protect yourself from negative comments your employer may make about you, either by negotiating for non-mutual disparage or by including a neutral reference provision in your agreement. But do you fully understand what your former employer expects of you in exchange for these severance pay? In particular, you need to know whether you have accepted secrecy, confidentiality, outrage or non-disappearance, as they determine your behaviour as soon as the agreement comes into force. These clauses tend to limit what you are entitled to do in a professional position, who you talk to about your severance pay and what you say about your former employer.