“Today’s decision, in contrast, explains that simply offering employees a severance agreement that requires them to broadly give up their rights under Section 7 of the Act violates Section 8(a)(1) of the Act.”
The McLaren Macomb agreements banned furloughed workers from disparaging the employer or even disclosing the deal’s terms. The 2020 Board had decided offering that was fine. Now the offer itself is the violation, signed or not. Any employer with a gag clause in its severance template is now breaking the law by sending it.