Michael FoxAug 8, 2023
unicorndeburgh

This is HUGE.

"The National Labor Relations Board ruled Tuesday that employers can no longer demand laid-off employees avoid publicly disparaging the company as part of their severance agreements, nor can they stop affected employees from disclosing the terms of their exit packages. Doing so, the federal agency determined, would be a violation of the laid-off employees’ rights under the National Labor Relations Act."

https://www.vice.com/en/article/dy7a7x/companies-cant-ask-you-to-shut-up-to-receive-severance-nlrb-rules

Companies Can’t Ask You to Shut up to Receive Severance, NLRB Rules

The board reverses two previous decisions that held that such severance agreements were lawful. Limits on free speech have become increasingly common aspect of many severance agreements.

Feb 22, 2023 at 12:30amWeb
Show threadunicorndeburghFeb 23, 2023

"With the exception of railroads and airlines, US business employers are subject to the NLRB’s authority.

While the labor board’s ruling this week could be appealed, the ruling is effective immediately. That means employers must review — and, if necessary, revise — their severance agreements to ensure they don’t include overly broad language that would restrict workers’ rights in the two ways the board ruling indicates.

https://www.cnn.com/2023/02/22/success/severance-agreements-rule-change-from-nlrb/index.html

Show threadunicorndeburghFeb 23, 2023

This lawyer points out the limits, and thinks it’s unlikely to survive in the courts. Sigh

https://www.ohioemployerlawblog.com/2023/02/nlrb-bans-non-disclosure-and.html

NLRB bans non-disparagement and confidentiality covenants in severance agreements. What now?

A blog for employers about workplace law. Written by the master of workplace Schadenfreude, Jon Hyman.

Show threadJack the Waterlogged CountAug 8, 2023
@unicorndeburgh Given the High Court's antipathy to anything that might favor people over companies, or successful regulation by government, that prediction does have entirely too firm ground to stand on.
Show threadShauna GMFeb 22, 2023
@unicorndeburgh !!!! this is so great
Show threadbsky: @daniloc.xyzFeb 22, 2023
@unicorndeburgh @betsythemuffin hellllll yes
Show threadBrennan StehlingFeb 22, 2023
@unicorndeburgh There’s nothing to stop others who see that to decide they’d rather not work with someone who does this. They don’t want to be the next target. That’s just common sense.
Show threadouinneFeb 22, 2023
@unicorndeburgh oh dang
Show threadTom HarringtonFeb 22, 2023
@unicorndeburgh @swizzlevixen I wonder if that applies retroactively
Show threadMan BartlettFeb 22, 2023
@unicorndeburgh @ernie boy do I wish I had this when [REDACTED]
Show threadBrian ClarkFeb 22, 2023
@unicorndeburgh glad to see this good news. Thanks for sharing!
Show thread🏳️‍🌈Superdave! 😘🍷👨‍🦯Feb 22, 2023
@unicorndeburgh @spikepoint When I got laid off, I had to sign some kind of NDA in order to get my severance. I just quietly signed; needed the money and COBRA too much.
Show threadMandy MacAug 8, 2023
@wx1g
This is the real reason why we can't get single payer health care...
@unicorndeburgh @spikepoint
Show threadIts GregoryFeb 22, 2023
@unicorndeburgh
Seems like angels were summoned on this occasion especially if you have been laid off by no fault of your own
Show threadChristopher WalkerFeb 22, 2023

@unicorndeburgh

Cool!

T. Rowe Price sucks!!!!

(Been holding that in since 2014).

Show threadLudovic :Firefox: :FreeBSD:Feb 22, 2023
@unicorndeburgh this needs to go on linkedin
Show threadunicorndeburghFeb 22, 2023
@usul I posted it there, too.
Show threadLudovic :Firefox: :FreeBSD:Feb 22, 2023
@unicorndeburgh care to share the URL ?
Show threadunicorndeburghFeb 22, 2023
@usul I just took the article link and shared it on LinkedIn. You can do the same. I'm hesitant to share my LinkedIn profile here (though it's trivial to find).
Show threadRob WilliamsonFeb 22, 2023

@unicorndeburgh

It's pretty wild that they could do that before.

Show threadМишаFeb 22, 2023
@unicorndeburgh about fucking time!!
Show threadJoe HeafnerFeb 22, 2023
@unicorndeburgh It’s pretty silly to let someone control your speech.
Show threadunicorndeburghFeb 22, 2023
@heafnerj
Silly? If you need the severance pay to support your family, you do what you have to do.
Show threadit's B! Cavello 🐝Feb 22, 2023
@unicorndeburgh this FANTASTIC NEWS!
Show threadBroGleFeb 22, 2023
@unicorndeburgh I bet this is in UK
Show threadunicorndeburghFeb 22, 2023
@BroGle
This is a ruling in the United States.
Show threadBroGleFeb 22, 2023
@unicorndeburgh it’s great, but still it may be a double sided sword in the long run
Show threadauthor_is_ShrikeTron🔠💉x5Feb 22, 2023
@unicorndeburgh Great! Now it's national, not just law in singular states like California.
Show threadSarah FackrellFeb 22, 2023

@unicorndeburgh I'm curious what employment law profs think about this.

As a non-expert, I can't help but think of my former boss who did this kind of thing ALL the time.

#LawProfs

Show threadBrianFeb 22, 2023
@design_law @unicorndeburgh I'm also non-expert and curious whether the fact that these employees were part of a union limits this decision or whether it has broader reach.
Show threadunicorndeburghFeb 22, 2023

@brianwc @design_law

Good questions!

Show threadunicorndeburghFeb 23, 2023

@brianwc @design_law

"With the exception of railroads and airlines, US business employers are subject to the NLRB’s authority.

While the labor board’s ruling this week could be appealed, the ruling is effective immediately. That means employers must review — and, if necessary, revise — their severance agreements to ensure they don’t include overly broad language that would restrict workers’ rights in the two ways the board ruling indicates."

https://www.cnn.com/2023/02/22/success/severance-agreements-rule-change-from-nlrb/index.html

Show threadራስ ባሪያው Rass BariawFeb 22, 2023
@unicorndeburgh 💥💐
Show threadSSFC KDT (MOVED)Feb 22, 2023
@unicorndeburgh OK now do forcing them to train their replacements
Show threadBathsheba BlueFeb 22, 2023

@unicorndeburgh

Just want to remind everyone that this is a direct result of Biden firing the trump appointed union busters at NLRB … on his first day in office.

https://slate.com/news-and-politics/2021/01/peter-robb-alice-stock-nlrb-fired.html

Biden Gave Trump’s Union Busters a Taste of Their Own Medicine

Peter Robb and Alice Stock experienced a fate that nonunionized Americans suffer every day.

Slate
Show threadSteve M.Feb 22, 2023
@unicorndeburgh I'm glad this will be in effect for a few months before the Alito Court overturns it.
Show threadAmelia MeyerFeb 22, 2023
@unicorndeburgh any idea if it is retroactive?
Show threadaiutoFeb 23, 2023
@unicorndeburgh Ummmm... in a sane world, that should have been obvious from the beginning. The bonkers parts is that it even required a ruling.
Show threadRickNobodyBeinzFeb 23, 2023
@unicorndeburgh Hold on 2 your union hat. I predict this will get appealed 2 DC Circuit Court.
I have personal experience with the "disparagement" charge I was accused of & fired 4 "misconduct" as an organizer.
My union CWA 1701 fought 2 protect my right thru Section 8a of the NLRA. We won two NLRB decisions but the company filed an appeal with the DC Circuit court & we Lost the decision. My NLRB case was # 03-CA-024105 on NLRB.gov. This happened about 17-18 yrs ago.😒✊🏼👊🏼 #UnionYes✅
Show threadAstraLuma Apr 4, 2023
@unicorndeburgh I needed this article today
Show threadaburtchAug 8, 2023
@unicorndeburgh @_L1vY_ Is this retroactive? I’ve had to sign multiple agreements like this.
Show threadBlitzenAug 8, 2023

@aburtch @unicorndeburgh @_L1vY_ ianal, but it was explained to me by a labor law smarty that such clauses are now unenforceable, whether signed today or in the misty past

Please confirm before taking action!

Show threadRams Horn StudiosAug 8, 2023
@unicorndeburgh the PE firm that bought my last company and sent all the quality assurance jobs overseas to save a buck can suck it!
Show threadwarkolmAug 8, 2023
@unicorndeburgh now do australia
Show threadGeorg KrammerAug 8, 2023
@unicorndeburgh
Wow 🤨 , from an #European perspective, I'm a bit #dumbfounded that such a things needs to be settled while the US seemingly yells "free speech" all the time.
What am I not getting here? 🤔
#helpmeunderstand
Show threadTroelsAug 8, 2023
@GeorgKrammer @unicorndeburgh the US has various constitutional rights that limit government power, but little that prevents individuals from "voluntarily" restricting themselves through contracts. Those scare quotes are there because this freedom ignores power imbalances; particularly in the case of capital.
Show threadGeorg KrammerAug 8, 2023

@athas @unicorndeburgh

Thank you for providing the background! I was not aware of that.
Wow😮
So I can "voluntarily" waive consitutional rights in the US in favor or coporations? The wonders of the "self-regulating free market" at its peak 🤔
#weirdworld

Show threadunicorndeburghAug 8, 2023
@GeorgKrammer The first amendment to the US constitution protects speech from government restrictions. Very little protects individuals from corporations.
Show threadMandy MacAug 8, 2023
@GeorgKrammer
We are held in thrall with health care
@unicorndeburgh
Show threadGeorg KrammerAug 9, 2023
@MandyMay @unicorndeburgh
That is the leverage, I see :(
Show threadKevin Karhan Aug 8, 2023

@unicorndeburgh So I guess the iconic #Bighead scene from #SiliconValley has become a thing of the past then?

https://www.youtube.com/watch?v=oiCJhcxW0WA&t=30s

Silicon Valley - Big Head Fired From Hooli

YouTube
Show threadSean TilleyAug 8, 2023
@unicorndeburgh Fucking FINALLY
Show threadMike MacgirvinAug 8, 2023
Wish it was the case in Australia. I have a bunch of fun stories I can't tell without getting sued.
Show threadTim Ward ⭐🇪🇺🔶 #FBPEAug 8, 2023
@unicorndeburgh In the UK it is common for an s111A agreement (where the employer and ex-employee agree a payment that avoids having to go to court - the theory is that both sides win because very little goes to lawyers) to include an NDA.
Show threadAuthor Sharon E. Cathcart ✅Aug 8, 2023

@unicorndeburgh I remember when I left a company after less-than-spectacular circumstances, a friend mentioned something I'd said about it while she was being harassed by the then-boss.

"She was told not to talk about her leaving," my former boss snarled.

My friend: "Well, she doesn't work here anymore, so she doesn't have to answer to you anymore, either."

About time that this decision came down. It's ridiculous to hold people hostage to places they no longer work.

Show threadDavid J. AtkinsonAug 9, 2023
@unicorndeburgh This is huge. I knew someone, a high level executive, who tried unsuccessfully to negotiate a mutual non-disparagement agreement separately from his severance package only to be told non-disparagement was a condition of receiving the severance they offered. My take away was this: negotiate the terms of separation at the same time you negotiate your employment contract.