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Home Q&A Forum Severance agreement and confidentiality of terms?

Contracts

Severance Agreement

North Carolina

Asked on Jul 13, 2023

Severance agreement and confidentiality of terms?

I recently left my job of five years and was offered a severance agreement. I am now concerned about the confidentiality of the terms of the agreement, as I am worried that the terms of the agreement could be shared with other potential employers. I am seeking legal advice to understand my rights and obligations regarding the confidentiality of the severance agreement.

1 Attorney answer

Answer

Contracts

North Carolina

Answered 325 days ago

Shelia H.

ContractsCounsel verified

Business Lawyer
Licensed in North Carolina
Free Consultation

In most cases, a severance agreement will have a confidentiality provision included. However, even if there is a confidentiality agreement, there are some instances where that confidentiality may be broken. For instance, in the case of a court order requesting the release of information or a government agency, such as the IRS or the state taxing or unemployment office, an employer may have to release information. There are also laws that prohibit the release of certain private information. In your case, it sounds as if your employer didn't include a confidentiality provision in the severance agreement, and for contracts, the general rule is that if a provision isn't included in the contract, it's not included in the contract. That being said, you may want to contact the employer and ask what the employer's policy is regarding the release of information to potential employers that you may be seeking to work with. There are also two laws that you may want to consider speaking to a NC-licensed attorney about. They are the following: 1.§ 1-539.12. Immunity from civil liability for employers disclosing information. "(a) An employer who discloses information about a current or former employee's job history or job performance to a prospective employer of the current or former employee upon request of the prospective employer or upon request of the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure." 2. § 14-355. Blacklisting employees. "If any person, agent, company or corporation, after having discharged any employee from his or its service, shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent or corporation shall be guilty of a Class 3 misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00); and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action. " You can find more detailed information here: Source - https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/job-reference-and-0 You can also learn more about me here: www.sheliahugginslaw.com www.facebook.com/sheliahugginslaw www.instagram.com/mslegalista www.youtube.com/mslegalista

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