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Last week, the NLRB issued a landmark decision in McLaren Macomb that is already shaking up how private employers (both unionized and non-unionized) should consider severance agreements.

My colleagues have the full recap of the decision over at our sister blog, Employment Law Letter, from Friday and I highly recommend reading that first.

The key…

There’s been a lot in the news of late about “outrageous” provisions found in an separation agreement between an employer and an employee, like confidentiality.  Indeed, some proposed legislation would restrict the use of some provisions.  

So I thought it would be helpful to go over what we typically see in a separation agreement.

First…