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Is it Illegal to Use a Non-Disparagement Clause in Severance Agreements?
Recently, the Biden Administration’s National Labor Relations Board (NRLB) reversed well-established principles and ruled that confidentiality and non-disparagement clauses in severance agreements violate Section 7 of the National Labor Relations Act (the NLRA) if they restrict workers from engaging in protected activity. For instance, the ag...
Terminating an Employee for Misconduct While They Receive Florida Workers’ Comp
We were recently asked by a client about whether or not an employee on workers’ compensation can be terminated for misconduct. I said yes, but explained that to cut off workers’ compensation benefits the “misconduct” must meet a special definition.  An employee with a workplace injury is expected to follow company policy and co...
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