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ARTICLE · 16 MARCH 2023

Why "Template" Separation Agreements Will Get You Sued!

Shaw Law Group
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Under the Act, "supervisors" are excluded from these protections.

United StatesEmployment and HR
Jennifer Shaw
Jennifer Shaw
Julia Melnicoe Insel
Julia Melnicoe Insel
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Okay. Now that I have your attention...

Last month, the National Labor Relations Board issued an important decision (McLaren Macomb, 372 NLRB No. 58 (2023) regarding the inclusion of certain common provisions in severance and separation agreements. You can read the 02/21/23 decision on the NLRB's site here.

Before you tell yourself, "Whew, so glad we don't have a union! I can ignore this post," keep in mind that the National Labor Relations Act applies to most employers, whether or not they are unionized.

In the Board's words,"[i[n 1935, Congress passed the National Labor Relations Act ("NLRA"), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers' full freedom of association. The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation. So, employees

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