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Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by anxtyinmgmt on Tuesday February 21, 2023 @08:39PM (#34890404)
So I can disparage my former employer that laid me off?
Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by shagie on Tuesday February 21, 2023 @08:56PM (#34890538)
It depends on when you signed the non-disparagement agreement.

> The decision involved severance agreements offered to furloughed employees that prohibited them from making statements that could disparage the employer and from disclosing the terms of the agreement itself.

Was the agreement part of getting hired? or getting laid off?

That said, I suspect that this will result in a reduction of severance agreements since there is very little that the company can gain out of a severance agreement now (I am assuming this also extends to various "you can't sue the company for wrongful termination" and similar).

Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by kayodelycaon on Tuesday February 21, 2023 @09:41PM (#34890915)
A lot of severance stuff is questionably enforceable. Discrimination lawsuits can still be successfully brought under a number of circumstances. You can’t just put a clause in it. This is especially true if the employee is laid off and forced to sign immediately.
Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by banannaise on Thursday February 23, 2023 @10:20AM (#34911680)
> That said, I suspect that this will result in a reduction of severance agreements since there is very little that the company can gain out of a severance agreement now (I am assuming this also extends to various "you can't sue the company for wrongful termination" and similar).

This wasn't the case from the establishment of the original precedent until 2020 when that ruling was reversed. We're simply going back to a state that has existed for decades, and in which severance agreements were by no means rare.

Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by worldmerge on Tuesday February 21, 2023 @09:04PM (#34890608)
What does "disparage" mean in this case? Just like saying it was a bad situation, or bad culture or bad management?
Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by jagged-chisel on Tuesday February 21, 2023 @09:39PM (#34890899)
I would personally err toward keeping things factual, interjecting little opinion.
Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by shagie on Tuesday February 21, 2023 @10:08PM (#34891143)
Note that disparagement extends to factual statements too.

https://www.g-s-law.com/blog/disparagement-and-defamation-1-...

> Disparagement means anything negative statement about someone or something. So the non-disparagement provision in your employment agreement or severance agreement applies to any and every negative statement. It does not matter if the statement is true or not, opinion or fact. If your statement makes your employer look bad, it is disparagement.

If you have signed a non-disparagement agreement, the best advice is likely "decline to say anything about the subject."

Re:NLRB Rules That Employers Can't Require Laid-Off Staff to... by jagged-chisel on Wednesday February 22, 2023 @07:46AM (#34894676)
I'd definitely be arguing, via a lawyer, that "negative" is in the eye of the beholder. Employees do not benefit from layoffs, shareowners do, for example.