In times of corporate restructuring or a Reduction in Force (RIF), employees often grapple with a significant decision: whether to accept a severance package. It's important to approach this crossroads with clarity and careful thought. Here are key questions to ask when presented with a severance offer as part of a RIF: What Does the Severance Package Include?Before reaching a decision, delve into the details of the severance package. … [Read more...]
The End of Confidentiality and Non-Disparagement Clauses?
Employee severance agreements consist of an exchange of promises between the employer and employee. The core of the agreement is the employer’s promise of some benefit – often a monetary payment – to the employee, in exchange for the employee’s promise to release potential legal claims against the employer. Buried in the written terms of these agreements, you will consistently find two additional terms: (1) prohibiting the employee from sharing … [Read more...]
Big Win for Minnesota Employees: 2023 Minnesota Legislative Session Results in New Employee Rights and Protections
The 2023 Minnesota legislative session proved to be the most consequential in recent memory for the Minnesota employment law landscape. Multiple new laws create significant and wide-ranging rights and protections for Minnesota workers. Schaefer Halleen is pleased to summarize some of the highlights, which include banning noncompete agreements, establishing a new paid family and medical leave program, clearer and more robust rights for nursing … [Read more...]
Are Confidentiality and Nondisparagement Clauses Enforceable?
In exchange for providing an employee with severance or separation pay, employers commonly require that an employee not disparage the company after the employee’s exit and that the employee keep the terms of the agreement confidential. If an employee speaks badly about the company despite the existence of a nondisparagement clause or tells others about how much severance he or she received, the employee exposes him or herself to … [Read more...]
The End of Minnesota Non-Compete Agreements?
As the calendar flipped to 2023, the Federal Trade Commission proposed a rule to essentially ban non-compete agreements nationwide, referring to the use of these agreements as an “often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses.” Now, the Minnesota Legislature is getting in on the act. Earlier in February, more than a dozen DFL House representatives introduced Bill HF … [Read more...]