Severance Agreement Form With Non-disparagement Clause In Washington
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Only employees or independent contractors who earn more than the thresholds established by law can be held to non-competition agreements. If an employee or independent contractor has earnings less than the threshold specified under law, the non-compete agreements is considered void and unenforceable under RCW 49.62.
So if you were laid off and signed a separation agreement even before the February ruling, your former employer won't be able to enforce any overly broad confidentiality, non-disclosure, and non-disparagement clauses in your original agreement.
The Act (codified as RCW 49.44. 211) makes it illegal for employers in an agreement to prohibit employees from discussing conduct the employee reasonably believed to be an illegal act of discrimination, harassment, retaliation, wage and hour violation, or sexual assault.
Washington's Silenced No More Act limits all Washington employers' use of nondisclosure and nondisparagement provisions in employment agreements.
In California, Government Code § 12964.5 makes it unlawful for employers to include a non-disparagement clause without clear language that preserves your right to disclose unlawful conduct.
In 2022, Washington state Governor Jay Inslee signed into law the Silenced No More Act (HB 1795), which limits the use of workplace non-disclosure and non-disparagement agreements, commonly known as NDAs.
If a non-disparagement clause doesn't explicitly state that it doesn't apply to unlawful acts, it's unenforceable in California.
This provision is commonly found in: Settlement agreements. Severance agreements. Stock or benefits agreements.
The Act (codified as RCW 49.44. 211) makes it illegal for employers in an agreement to prohibit employees from discussing conduct the employee reasonably believed to be an illegal act of discrimination, harassment, retaliation, wage and hour violation, or sexual assault.