Severance - Illegal for It to Come with a Muzzle (but you still might not want to burn bridges)

"Companies can no longer offer severance agreements that prevent employees from making disparaging remarks about their former employer, the National Labor Relations Board ruled Tuesday." - Axios, February 21, 2023.

That, the NLRB determined, is a violation of the National Labor Relations Act. It had been standard that severance comes with a muzzle. 

Usually those terminated don't have the luxury of turning down the money and any benefits. The latter, as in large law firms, could include continuing to have their profile on the website for several months. That creates the illusion that they still have a job, which makes it easier to get another job.

Given all that, most workers have to cave to the silence mandate. Such a process has protected the brand of the organization at a time when cutting personnel tends to invite media attention and generate buzz on social networks. Yes, they become targets.

In addition, the NLRB ruled, those dismissed can disclose the contents of the exit package. If the amount of money is peanuts, for example, they can let the world know that their former employer is cheap.

However, it depends on the industry and the particular company if any badmouthing will hurt the professional. It still might not be wise to burn bridges. Note how on professional networks such as LinkedIn the laid off in tech tend to praise profusely their former places of employment. Positivity is dominant. 

In my career coaching I warn clients about the peril of coming across embittered. That could signal to those hiring that you are a cry baby. The reality of the workplace in 2023 is that it is difficult to navigate. Most in the loop are tense. That could trigger firings and layoffs which seem to those affected unfair. 

Intuitive career coaching about your present and your next. Shut down the noise from that committee in your head and open to possibility.  In addition, Jane Genova is an award-winning writer on Human Resources issues.

Whether you need guidance or that your organization’s story be told, please make an appointment for a complimentary consultation at janegenova374@gmail.com or text 203-468-8579.