Non-Disparagement Clause in Employment Contracts: Can It Silence You?
What This Clause Does
A non-disparagement clause restricts you from making negative public comments about the company, its executives, products, or services, even after you leave. This is typically mutual: the company agrees not to say negative things about you either. If it's one-sided in the company's favor, that's worth noting.
Check whether the clause covers truthful statements. Some overly broad versions effectively prevent you from giving honest reviews on sites like Glassdoor or warning others in your industry about a problematic employer.
Example Clause Pattern
"Employee agrees not to make any disparaging, negative, or derogatory statements, written or oral, to any third party about Company, its officers, directors, employees, products, or services. This obligation survives termination of employment."
What to Watch
- Clause is one-sided: applies to you but not to the employer
- Covers truthful statements, which could suppress legitimate reviews
- No carve-out for legal proceedings or government investigations
- No geographic or time limit on the obligation
How This Clause Works by Jurisdiction
California SB 331 (2021) prohibits non-disparagement provisions in settlement agreements that prevent disclosure of workplace discrimination, harassment, or retaliation — effective January 1, 2022. Standard employment contracts are not covered, but any settlement agreement resolving such claims must include a notice that the non-disparagement clause does not limit testimony in legal proceedings.
Reviewed May 2026
New York General Obligations Law §5-336, expanded in 2023, voids non-disparagement clauses in agreements that prevent disclosure of facts underlying discrimination, harassment, or retaliation claims across all protected classes. Mutual non-disparagement clauses for ordinary departures without such claims remain enforceable.
Reviewed May 2026
UK non-disparagement clauses in settlement agreements are enforceable provided they do not restrict protected disclosures under the Public Interest Disclosure Act 1998. Clauses purporting to prevent whistleblowing are void under Employment Rights Act 1996 §43J. Standard confidentiality about settlement terms is routinely enforceable.
Reviewed May 2026
Jurisdiction-specific information is general in nature and not legal advice. See disclaimer.
Found in These Contracts
This clause commonly appears in the following contract types:
Negotiation Strategies
Ensure the clause is mutual and applies equally to the employer
Add a carve-out for truthful statements required in legal proceedings
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