Severance Agreement Form With Non-disparagement Clause In Washington

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Multi-State
Control #:
US-0030BG
Format:
Word; 
Rich Text
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Description

A Release is a document which, if properly used, effectively extinguishes potential causes of action on the part of the releasing party. Thus, in employment situations, the Release is usually a written record of the intention of an employee to relinquish claims of all sorts against the employer. A severance agreement is a contract between an employer and employee documenting the rights and responsibilities of both parties in the event of job termination. The contract specifies any severance package of pay and benefits and the conditions under which it will be provided or withheld.



An Accord and Satisfaction is an Agreement between two parties to a contract, in which one party (which has a legal claim against the other) releases the other party from its obligations in return for some form of compensation. The agreement is the 'accord,' and the compensation is the 'satisfaction.'


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  • Preview Accord and Satisfaction and Release between Employer and Executive Employee Pursuant to Severance Agreement
  • Preview Accord and Satisfaction and Release between Employer and Executive Employee Pursuant to Severance Agreement
  • Preview Accord and Satisfaction and Release between Employer and Executive Employee Pursuant to Severance Agreement

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FAQ

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.

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Severance Agreement Form With Non-disparagement Clause In Washington