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Employers should make sure their severance agreements don't restrict an employee's right to discuss potentially unfair labor practices, the National Labor Relations Board (NLRB) said in a new memo issued Wednesday.

In the new guidance, NLRB general counsel Jennifer Abruzzo said employers will now be seen as violating labor laws when they offer severance agreements requiring employees to waive their rights, especially their right to discuss potentially unfair labor practices. Notably, Abruzzo said, just offering such an agreement will be considered a labor law violation.

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Hugo Guzman

Hugo Guzman is a reporter on ALM's in-house desk based in California, covering legal departments at disruptive technology companies, as well as labor and employment issues involving the NLRB, EEOC and other regulators. Connect with him at [email protected] today.