Silenced No More

Unintended consequences

Tulane Paper Final Weston

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The silenced no more law in Washington State is setting a new bar for how the state protects Washington State workers in settlement agreements. Non-disclosure clauses must be carefully reviewed to ensure they meet the provisions of the new state law and ensure that employees and contractors are not limiting their rights when accepting an employment settlement or other terms of employment.

Human Resources must take heed to ensure they are compliant with the act and that they are skilled and responsive to addressing claims of harassment and retaliation. Both parties may be best served by the act when the spirit of the terms are met but HR should be cautious when attempting to settle a nuisance claim for the confidentiality and resolution it may have afforded in the past.