Michigan Employment Nondisclosure Package
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How to fill out Employment Nondisclosure Package?
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FAQ
In Michigan, and most states, companies do not face the issue of the risk of unenforceability of an NDA because of a lack of Time Limitation. Michigan law permits NDAs to have no time limitations. Hayes-Albion Corporation v Kuberski, 421 Mich 170 (1984).
The Board ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (?NLRA?) by offering a severance agreement to employees that includes confidentiality and non-disparagement terms restricting the exercise of the employees' NLRA rights.
Employers can no longer limit workers' ability to speak about their company in exchange for settlement or severance payments, ing to a recent ruling by the National Labor Relations Board.
Interviewing prospective candidates sometimes involves sharing sensitive information, such as business processes and plans, and this contract aims to protect the employer. This NDA is unilateral in that the candidate is restricted in his or her use of the information or materials disclosed.
I agree that I shall not during, or at any time after the termination of my employment with the Company, use for myself or others, or disclose or divulge to others including future employees, any trade secrets, confidential information, or any other proprietary data of the Company in violation of this agreement.
Severance agreements must comply with relevant employment laws such as anti-discrimination laws, wage and hour regulations and workers' compensation provisions. An agreement containing provisions that contradict these laws may be considered invalid.
But under a Feb. 23, 2023, National Labor Relations Board (NLRB) ruling, employers can't use severance agreements to silence laid-off or furloughed employees.
The Board ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (?NLRA?) by offering a severance agreement to employees that includes confidentiality and non-disparagement terms restricting the exercise of the employees' NLRA rights.