What is a non-disparagement clause?

Non-disparagement means you agree not to criticize (disparage) the company, executives, products, or reputation. Example: "You cannot make any negative statements about the company publicly or privately."

Are non-disparagement clauses enforceable?

It depends. Broad clauses preventing truthful criticism: Often unenforceable. Reasonable clauses: Enforceable. Courts scrutinize these heavily — they restrict free speech.

Can I be punished for truthful criticism?

Generally no. If you truthfully state a fact about company misconduct, non-disparagement likely cannot prevent it. Example: "Company violated safety regulations" (true) = Likely protected. Company cannot enforce clause.

What can I legally say about my former employer?

You can legally: (1) State truthful facts, (2) Report illegal conduct, (3) Discuss your experience. You cannot: (1) Lie or defame, (2) Breach confidentiality (trade secrets), (3) Disclose proprietary information.

Can I discuss pay on social media?

Yes. Discussing salary/benefits is protected by federal labor law (NLRA). Non-disparagement cannot prevent wage discussions. This is a major exception to non-disparagement.

Should I negotiate removal of non-disparagement?

Yes, especially if one-sided (you cannot disparage, but company can disparage you). Negotiate: Mutual non-disparagement, or limit to specific channels (not social media).

Can employer sue me for negative review on Glassdoor?

Unlikely to win. Truth is defense. Non-disparagement against public truthful statements is usually unenforceable. However, employer can sue (costly for you to defend). Consider whether to post.

May 6, 2026·7 min read·✓ Updated May 2026(quarterly reviews)·By WorkContractReview.com · AI-assisted analysis, human-edited

Non-Disparagement Clauses: What Your Employer Cannot Legally Prevent You From Saying

Many employment contracts contain non-disparagement clauses prohibiting you from criticizing the company. However, overly broad non-disparagement clauses are often unenforceable, especially for truthful statements. This guide explains what non-disparagement can and cannot legally restrict.

Key Points in This Guide

1What non-disparagement means
2Overly broad vs reasonable clauses
3What you can legally say
4Protected statements
5Whistleblower carve-outs
6Negotiating removal
7Enforcement challenges

Have a contract to review?

Upload your contract now and get an AI risk analysis in under 90 seconds.

Review My Contract →

Frequently Asked Questions

Ready to Review Your Contract?

Upload your contract and get an AI risk analysis in under 90 seconds.

Drop your contract here or click to upload

Supports PDF, DOCX, DOC, JPG, PNG

🔒 Encrypted in transit · Deleted after analysis · Not legal advice

About this guide: This article is written and maintained by the WorkContractReview.com editorial team. Where statutes are cited (e.g. Cal. Bus. & Prof. Code §16600, C.R.S. §8-2-113), we link directly to the official legislative source. AI analysis on this site is powered by Claude claude-opus-4-6 by Anthropic. Content is for informational purposes only and does not constitute legal advice. See all cited sources →

More Contract Guides

7 min read

Non-Disparagement Clauses: What Your Employer Cannot Legally Prevent You From Saying

Key Points in This Guide

Frequently Asked Questions

Ready to Review Your Contract?

More Contract Guides

Confidentiality vs Non-Solicitation Clauses: What is the Difference?

Work-For-Hire Clauses: Who Owns What You Create?

Benefits and ERISA Rights: What You Need to Know