Why I Don't Like Most Non-Disparagement Clauses (and 3 Tips To Fix Them)

Will Blythe recently penned an op-ed in the New York Times entitled, Fired? Speak No Evil. In this piece, Mr. Blythe chronicled his recent job loss, and why he refused to sign a separation agreement that included a non-disparagement clause. Like Mr. Blythe, I don’t like most non-disparagement clauses...

More on the EEOC’s Position on Retaliation in Severance Agreements: A Proposed Solution

In an earlier post , on a lawsuit the EEOC has filed, claiming that some fairly generic terms in an employee severance agreement constitute illegal retaliation. In EEOC v. CVS , the agency claims that an agreement that attempts to limit an employee’s communication with the EEOC unlawfully attempts...

The EEOC and Mission Creep: CVS

The EEOC issued a press release announcing that it had filed a pattern and practice suit against CVS because of its use of an "overly broad" severance agreement which interferes with the employee's rights to file a charge or to communicate with the EEOC. The regional attorney referred to...