I heard that my employee can now disparage the company - is that really true?
Yes - to a certain extent. The National Labor Relations Board (NLRB) recently issued a critical decision and related guidance holding that severance agreements for non-supervisory employees cannot contain non-disparagement clauses and can only contain limited confidentiality clauses. The NLRB went on to hold that only non-defamation clauses are permissible. This presents a much more restrictive standard - that is not employer-friendly. It allows the employee to be very negative about the employer, so long as the employee does not maliciously lie about the employer. Thus, any severance - and possibly similar agreements - cannot prohibit non-supervisory employees from disparaging the employer.