Hoosier Banker 25 CHICAGO INDIANAPOLIS ST. LOUIS MILWAUKEE A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs LARRY TOMLIN | STEPHEN STITLE | JOHN TANSELLE | DEBRA MASTRIAN ANDREW PODGORNY | MARTHA LEHMAN | MARK WENZEL rights under any law (including the National Labor Relations Act for non-supervisory employees), should be included. A provision that requires the employee to keep the severance agreement confidential should be limited to disclosure of the severance payment or specific terms, rather than apply to the entire agreement. Employers typically require a nondisparagement provision, whereby the departing employee agrees not to disparage the company or its officers, directors, owners and employees to third parties. An overly broad non-disparagement clause can run afoul of various laws, including the SEC’s whistleblower protection rule, and for nonsupervisory employees, Section 7 of the National Labor Relations Act. The Dodd-Frank Wall Street Reform and Consumer Protection Act established a whistleblower program for financial services industries overseen by the SEC. The SEC is concerned that broad non-disparagement clauses discourage potential whistleblowers from reporting possible securities law violations. The NLRB is concerned that broad non-disparagement provisions may discourage employees from discussing the terms and conditions of their employment or their employers in general. A non-disparagement provision should clarify that it does not apply to communications with regulators, and that nothing in the agreement prohibits the former employee’s right to contact regulators with concerns about potential violations of regulations or laws. For non-supervisory employees, the non-disparagement provision should be limited to false statements about the employer that are maliciously made, rather than any negative statements. (Non-disparagement provisions that apply to negative statements about customers, suppliers and vendors are valid.) Employers should review their severance agreements on a regular basis to ensure they comply with all applicable laws and regulations. HB United Bank, Evansville, opened a new banking center in February at 810 E. Locust St., Fort Branch. The newest United Bank center is celebrated with a ribbon-cutting ceremony at its Locust Street location in Fort Branch. BANKING CENTER UPDATE
RkJQdWJsaXNoZXIy MTg3NDExNQ==